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,  of  i'ui\;cpi- 


[Printed  and  distributed  May  27.  1915.] 


DEPARTMENT   OF   STATE. 


DIPLOMATIC  CORRESPONDENCE  WITH 

BELLIGERENT  GOVERNMENTS 

RELATING  TO  NEUTRAL  RIGHTS 

AND  COMMERCE. 


WASMINOTON  :  GOVERNMENT  PWIKTING  OFFICE  :  IStS 


e      *     » »^  *   *      • 


63908 


LIST  OF  PAPERS. 
PART  I. 

Declaration  of  London. 


■^ 


No. 


420 


27 


From  anil  to  wliom. 


Date. 


1914. 

The  Secretary  of  State  to  Amljas-sador  |  Auj.    6 
Page  (telegram). 

The  Secretary  of  State  to  Ainbassador     Auk.    <i 

Marye  (telegram). 
The  Sciretary  of  State  to  Arabasfsador     Aug.    G 

Sliarj)  (telegraai). 
The  Secretary  of  State  to  .Vmliaswador     Auk.    <> 

Gerard  (telegram). 
The  Secretary  of  State  to  Amba.'fsador     Aug.    (^ 

Penfiold  (telegram). 
The  Secretary  of  State  to  Minister     Aug.    G 

Wliitlock  (telegram). 
Ambas-siulor  I'eufield   to   the   Secrc-     Aug.  l:{ 

tary  of  State  (telegram). 

Charge  Wil.sou   to  the  Secretarj-  of     Aug.  20 
State  (telegram). 

Ambassador  Gerard  to  the  Secretary     Aug.  22 
of  State  (telegram). 

Ambassador  Page  to  the  Secretary  of     Aug.  27 
State. 

Charg^  Wilson  to  the  Secretarj'  of     Aug.  2' 
State  (telegram). 

Ambassador  Herrick  to  the  Secretary     Sept.  3 

of  State. 
Tlie   Acting   Secretary   of   State   to     Oct.  2 

Ambassador  Page  (telegram). 


The    Actuig    Secretary    of    State    to     Oct.  24 
Aml>a«.sador  (lerard  (telegram). 

The   Acting   Secretary   of    State   to     Oct.  24 

Ambassador  Marye  (telegram). 
The   Acting    Secretary   of   State   to     Oct.  24 

Amba.ssador  Sharp  (telegram). 
The   Acting    Secretary   of    State    to     Oct.  24 

Amba.*iador  Penfield  (telegram). 
The   Acting   Secretary   of   State   to     Oct.  24 

Minister  Whitlock. 


Subject. 


Page. 


A.scerlain  if  iiritish  Government  is  willing  to  ob8er\-e 
provisions  of  Declaration  of  London  ■aa  applied  to 
naval  warfare. 

Same,  mutatis  mutandis,  asaliovo 


Do. 


Do. 


Do 


Says  Austro-IIungarian  Government  agrees  to  observe 
provisions  of  Declaration  of  London  provided  enemy 
agrees. 

Says  Russian  Government  awaits  decision  of  Briti.ih 
Government  regarding  observation  of  provisions  of 
Declaration  of  London. 

Saya  German  (iovernment  will  observe  provisions  of 
Declaration  of  London  if  other  belligeranta  will  do 
.same. 

Transmits  note  from  foreign  office  definiiig  attitude  of 
British  Government  as  to  Declaration  of  London, 
and  copies  of  memorandum  and  Order  in  ( 'ouncil. 

Says  Ru.ssian  Goverimient  accepts  provisions  of 
Declaration  of  London  as  adopted  by  England  an<l 
I'Vance. 

Says  French  Government  agi'ees  to  observe  provision.s 
of  Declaration  of  London  with  certain  reservations. 

Inform  Brit  isli  Government  that  suggestion  regarding 
Declaration  of  London  is  withdrawn,  and  that 
United  States  rcserve.s  its  rights  under  existing 
rules  of  international  law  and  the  treaties  of  the 
United  States,  irrespective  of  the  provisions  of  the 
Declaration  of  London. 

Inform  German  Go\ernment  that  suggestion  relative 
to  Declaration  of  London  is  withdrawn,  as  some 
l)elligerents  refuse  to  agree  witho\it  modification.-^. 

Same,  mutatis  mutandis,  as  above 

Do 

Do 

Do 


PART  II. 
Papers  Relating  to  Articles  Listed  as  Contraband  of  War. 


BRITISH   ((i.\TK.\l'..\Nl>. 


\o. 

From  and  to  wliom. 

Date. 

Subject. 

Page. 

Ambassador  Page  to  the  Secretary  of 
State  (telesiram). 

1914. 
Aug.    h 

Transmit.-i  ](roclamation  of  Briti.^h  Government  speci- 
fviuK  articles  to  l)e  treated  as  <ontral>and  of  war. 

11 

Ambassador  Page  to  the  Secretary  of 

Sept.  ;iO 

Transmits  proclamation  of  British  Government  speci- 

12 

State  (telegram). 

fying  certain  additional  articles  to  be  treated  as 
contraband. 

049 

.\mbaiisador  Page  to  the  Secretary  of 

State. 

Nov.   :? 

Transmit.s  ])roclamation  of  the  British  Government 
contiiining  a  rexised  list  of  ab.-solute  and  conditionul 
contraliand. 

12 

Consul  General  Skinner  to  the  Secre- 

Nov. 17 

Sa\-s    Briti.-:h    Government    considers    ''cottonseed 

14 

tary  of  State  (telegram'). 

cake"  as  conditional  contraband. 

("onsul  (leneral  Skinner  to  the  Secre- 

Nov. 2.5 

SavsBriti.sh  ( iovernment  considers  toluene  an<l  toluol 

14 

tary  of  State  (telegram). 

iis  contraband. 

Consul  General  Skinner  to  the  Secre- 

Dp.'.  24 

Transmits  i)roclamation  of  British  Government  con- 

14 

taiy  of  State  (telegram  i. 

taining  radically  amende"!  loiitraband  li-st. 

(1) 


LIST    OK    PAPERS. 
BRITISH  CONTRABAND— < Untimiea. 


No. 

From  and  to  whom. 

Date. 

Subject. 

Page. 

1915. 

Consul  General  Skinner  to  the  Secr«- 

Jan.  16 

Says  French  Goycmmetit  adopts  absolute  and  coii- 
ttilional   lontraband   lists  identical   with   Biitish 

16 

t?rv  of  State  (tele<iTamV 

Government. 

Amba.-<sador  Page  to  the  Secretan'  of 

Jan.  22 

Gives  interi)retation  of  British  Government  of  the 

l(^ 

State  (telegram). 

terms  "copi)er"  and  "lubricants"  in  cnntraband 
list. 
Gives  views  of  British  Government  regarding  cot- 

Consul General  Skinner  to  the  Secre- 

Mar.    9 

16 

tarv  of  State  (telegram). 

ton  contracts. 

The  lJrili.<li  Ambassador  to  the  Secre- 

Mar. 10 

Transmit.^  list  enumerating  certain  oils  which  British 

16 

tary  of  State. 

(iovemmcnt  will  treat  as  conditional  contraband. 

1061 

Ambi<.«ador  Page  to  the  Secretary  of 

State. 

Mar.  16 

Transmits  prodamatioiiof  BritLshGovemmentmaking 
additions  to  list  of  articles  of  contraband. 

17 

The  Brit  ish  Ambassador  to  the  Secre- 

Mar. 23 

Savs  he  will  gi^•e  Department  definite  information  re- 

m. 

tary  of  State. 

garding  "castor  oil, "'  etc.,  as  soon  as  received. 

The  British  Ambassador  to  the  Secre- 

Apr. 10 

Transmits  list  of  "lubricants  "  which  the  British  Gov- 

18- 

tary  of  State. 

ernment  now  consider  absolute  contraband. 

FREXrn  CONTRAHAXr). 


322 


Ambassador  Herrick  to  the  Secretary 

of  State  (telegram). 
Ambassador  Herrick  to  the  Secretary 

of  State  (telegram). 
Amba.ssador  Herrick  to  the  Secretary- 

of  State. 


(,'onsul  General  Thackara  to  the  Sec- 
retary of  State  (telegram). 

Ambas.sador  Sharj)  to  the  Secretarj- 
of  State  (telegram). 

Amba.ssador  Sharp  to  the  Secretary 
of  State. 


1914 
Sept 

3 

Oct. 

20 

Nov. 

13 

1915. 
Jan.     4 

Jan. 

5 

Mar. 

16 

Tniusmits  I'rench  lists  of  absolute  and  conditional  con- 
traband as  |)ubli.shed  in  the  Journal  Ofiiciel. 

Traa-^mils  li.-t  of  articles  which  the  French  Govern- 
ment has  added  to  its  conditional  contraband  list. 

Transmits  co|)y  of  rejjort  of  President  of  France  and 
decree  relative  to  absolute  and  conditional  contra- 
band r)f  wai\ 

Inclo.^es  copy  of  decree  of  French  Government  mak- 
ing additions  to  contraband  list. 

Says  he  i.s  informed  that  British  and  I'rench  lists  of 
contraband  correspond  absolutely. 

Transmits  notice  relative  to  addition-;  and  modifica- 
tions in  the  French  contraband  list.'-. 


RUSSIAN  COXTRjVBAXD. 


I 


Chaigo  Wilson 
State. 


lu  the  Secretar\'  of 


1914. 
Feb.  26 


Tninsmils  cdiit  of  Rus.-iaii  doviTiimciu  rcg-arding  con- 
traband of  war.  .Says  mo<lifications  will  bodeoreed 
later  in  order  to  make  Russian  and  British  laws 
agree. 


GERiUN  CONTRABAND. 


19 
19 
20 

21 
22 
23 


Ambassador  Gerard  to  the  Secretary 

1914. 
Sept.  4 

Transmits  declaration  of  German  Government  rela- 

27 

of  State  (telegram). 

tive  to  contraband. 

1801 

The  German  Charg^  to  the  Secretar\- 
of  Slate. 

Oct.  22 

Says  German  Government  will  treat  copper  and  lead 
as  conditional  contraband. 

27 

Ambassador  Gerard  to  the  Secretar\- 

Nov.  19 

Savs  German  Government  will  treat  lumber,  rough 

28 

of  Slate  (telegram). 

or  unworked,  etc.,  as  conditional  contraband. 

Ambassador  Gerard  to  the  Secretar\- 

Nov.  23 

Transmits  additional  articles  which  German  Govern- 

28 

of  State  (telegram). 

ment  will  treat  as  conditional  contraband. 

280 

Ambassador  Gerard  to  the  Secretar\- 
of  State. 

Nov.  23 

Tran.sniits  notes  from  foreign  office  containing  notice 
of  additions  to  original  German  contraband  lists. 

28 

307 

Amba3.-<ador  Gerard  to  the  Secretary 
of  Slate. 

Dec.    3 

Transmits  note  from  foreign  office  stating  that  Ger- 
man Government  will  treat  quebracho  wood  as  con- 
ditional contraband. 

29 

312 

Amba-ssador  Gerard  to  the  Secretary 
of  State. 

Dec.    8 

Transmits    proclamation    of    German    Government 
making  additions  to  conditional  contraband  list. 

29 

340 

Ambassador  Gerard  to  the  Secretary 

Dec.  15 

Savs  German  Government  will  treat  aluminum  and 

29 

of  State. 

1915. 
Apr.  26 

nickel  as  conditional  contraband. 

896 

Ambassador  Gerard  to  the  Secretary 

Transmits  notice  of  German  Government  relative  to 

30 

of  State. 

amendments  to  contraband  lists. 

AUSTRO-HU NGARIA  N  CONTRABAND . 


299 


Ambassador  Penfield 
tary  of  State. 


to  the  Secre- 


Ambassador  Penfield  to  the  Secre- 
tary of  Slate  ( telegram  I. 

Ambassador  Penfield  to  the  Secre- 
tary of  Stat«. 


I 


1914. 
Sept.  7 


1915. 
Jan.  15 

Jan.  18 


Says  articles  enumerated  in  22  and  24.  Declaration  of 
London,  will  be  treated  as  contraband  of  war  by 
Austro-Hiingarian  Government. 

Transmits  list  of  articles  to  be  treated  as  conditional 
contraband  by  Austro-Himgarian  Government. 

Transmits  notice  from  foreign  office  containing  articles 
added  to  the  Austro-Himgarian  conditional  contra- 
band li.sts. 


32 
32 


LIST   OF    PAPERS. 
TURKISH  COXTRABAND. 


No. 

From  and  to  whom. 

Date. 

Subject. 

Page. 

1914. 

154 

Amba.s.sad()i'  MoifiPiithau  to  tlie  Sec- 
retary 01  State. 

Dec.  18 

Transmits  list  of  articles  which  will  be  treated  a.s  ab- 
solute or  conditional  contraband  by  the  Turkish 
Government. 

33 

Ambassador  Morgenthaii  to  the  Sec- 

Dec. 22 

Transmits  additions  to  Turkish  absolute  and  condi- 

34 

retary  of  State  (telegram). 

tional  contraband  lists. 

Kil 

Ambassador  Moiyeuthau  to  the  Sec- 
retary of  State. 

Dec.  24 
1915. 

Tran.smits  additional  li.n  of  conditional  contraband 
articles. 

34 

170 

Araba.ssador  Moi-geulhau  to  the  Sec- 
retary of  State. 

Jan.     5 

Transmits  note  from  foreign  office  stating  that  the 
words  "potassium  <om|X)und8"  in  previous  list  are 
replaced  by  the  words  "muriate  of  potassium." 

35 

243 

Ambassador  Mortrenthau  to  the  Sec- 
retary of  Stale. 

Mar.  12 

Transmits  copy  of  list  from  I,a  Turquie  giving  articles 
to  be  treated  as  contraband  of  war  by  Turkish  Gov- 
erament. 

35 

PART  III. 
Corresp>ondence  Relating  to  Restraints  on  Commerce. 


525 


1674 
1169 


1717 


1233 


1795 
1798 


The  Secretary  of  State  to  Ambassa- 
dor Page  (telegram). 


The  British  Secretary  of  State  for  For- 
eign Affaii-s  to  Ambassador  Page. 


The  British  Secretary  of  State  for  For- 
eign Affairs  to  Ambassador  Page. 


Amba-ssador  (ieranl  to  the  Secretary 

of  State. 


The  Secretary  of  State  to  Amliassa- 
dor  Gerard  ('telegram). 

The  Secretar.N'  of  State  to  Ambassa- 
dor Page  (telegram). 


The   German    Minister    for   Foreign 
Affairs  to  Ambassador  Gerard. 


Ambassador  Page  to  the  Secretary  of 
State. 

The  Secretary  of  State  to  Ambassa- 
dor Page  (telegram). 


The  Secretary  of  State  to  Ambassa- 
dor Gerard  (telegram). 

Ambassador  Gerard  to  the  Secretary 
of  Slate. 

The  Britisli  Ambassador  to  the  Sec- 
retary of  State. 


The  Secretary  ot"  State  to  Ambassador 
Paue  (telegraml. 


Amlia-ssador  Sharp  to  the  Secretary 
of  State  (telegram). 

Ambassador  Page  to  the  Secretary  of 

State  (telegram). 
Ambas-sailor  Page  to  the  Secretar)'  of 

State  (telegrami. 


1914. 
Dec.  26 


1915. 
Jan.     7 


Feb.  10 

Feb.    (i 

Feb.  10 
Fel>.  10 

Feb.  10 

P'eb.  19 
Feb.  20 

Feb.  20 
Mar.    1 

Mar.    1 
Mar.    5 

Mar.  14 

Mar.  15 

Mar.  15 


Transmits  statement  to  be  communicated  to  Sec- 
retary of  State  for  Foreign  Affairs  protesting 
against  seizures  and  detentions  of  American  car- 
goes. 

Explains  reasons  for  seizures  and  detentions  of  Amer- 
ican cargoes.  Says  British  Government  is  ready 
to  enter  into  an  arrangement  by  which  mistakes 
can  be  avoided. 

Transmits  full  reply  of  British  Government  to  De- 
partment's Dec.  28  protesting  against  seizures  and 
detentions  of  American  cargoes  destined  for 
European  ports. 

Transmits  copy  of  proclamation  of  German  Admiralty 
of  Feb.  4,  1915.  declaring  waters  around  Great 
Britain  and  Ireland  as  within  the  seat  of  war. 
Copy  of  memorial  on  subject. 

Transmits  note  for  communication  to  German  Gov- 
ernment protesting  against  proclamation  of  Ger- 
man Admiralty  of  Feb.  4,  ]!)15. 

Instructed  to  point  out  to  Tirili.sh  Government  the 
serious  consequences  wliich  may  result  if  the  use  of 
neutral  flags  on  ]!ritish  merchant  vessels  in  order 
to  avoid  capture  i.s  authorized. 

German  Government  says  measures  respecting  theater 
of  war  in  waters  surrounding  Great  Britain  neces- 
sary becau.se  of  England's  method  of  conducting 
maritime  war. 

Transmits  reply  of  British  Government  relative  to 
proclamation  of  German  Admiralty  and  use  of  neu- 
tral flags  on  British  merchant  ships. 

Transmits  note  for  communication  to  the  Foreign 
Office  regarding  war-zone  declaration  by  Germany 
and  use  of  neutral  flags  by  British  Government, 
and  suggests  certain  agreement  to  be  entered  into 
by  belligerents. 

Same  as  above 


Transmits  reply  of  tierman  Government  fc)  American 
identic  note  of  Feb.  20.  1915,  to  Great  Britain  and 
Germany. 

Refers  to  war-zone  declaration  of  German  Govern- 
ment. Says  British  Government  will  be  forced  to 
take  measures  to  pre>'ent  commodities  of  any 
kind  from  reaching  or  lea^-ing  Germany. 

Transmits  statement  for  communication  to  foreign 
office  pointing  out  difficulty  of  determining  action 
regarding  retaliatory  measures  against  German 
commerce. 

Transmits  reply  of  French  Government  to  American 
identic  note  of  Mar.  15.  1915,  to  British  and  French 
Governments. 

Transmits  reply  of  British  Government  to  American 
identic  note  of  Feb.  20,  1915. 

Transmits  reply  of  British  Government  to  American 
note  of  Mar.  5,  and  te.\t  of  British  Order  in  Coun- 
cil setting  forth  measures  of  retaliation  against  Ger- 
many. 


39 


l^ 


41 


44 


54 

55  i_ 

59    ^ 

59 
60 

63 

64/^ 
65    '-^ 


LIST   OF   PAPERS. 

Correspondence  Relating  to  Restraints  on  Commerce — Contimied. 


No. 

From  and  to  whom. 

Date. 

Subject. 

Page. 

1915. 

407 

Ambassailor  Slwrp  to  llie  Secretary 
of  State. 

.Mar. 

30 

Trannnut,>i  text  of  decree  relative  to  trcatmenl  of  mer- 
cliaiKlise  l)elons;ing  to  Germijns  coining  from  or 
shipped  to  Germanv. 

(17 

1343 

The  Soeretiiry  ot  Slate  to  Amba-ssixlor 
Pase  (lelejrram). 

Jfar. 

30 

Transmits  note  for  communication  to  British  Govern- 
ment explainiiis;  L'nited  States  attitude  rejjardinir 
proi)oscd  retaliatory  measures  against  German  com- 
merce and  British  Oiiler  in  Council. 

cn 

Consul  General  Skinner  to  the  Seire- 

Apr. 

1 

Transmits  c(i])y  of  Brili^li  Order  in  Council 

72 

tarv  of  .State. 

2341a 

The  German  Ambassador  to  the  Soo- 
retary  of  State. 

Apr. 

4 

Transmits  menioranduni  reu'anlin.i;  the  matter  of 
German-.Vmerican  trade  and  the  (juestion  of  deliv- 
ery of  arms. 

73 

1379 

The  Secretary  of  State  to  the  ( ierniaii 
Aml)ass4»(lor. 

A].r. 

21 

Gives  i.iews  of  United  States  regarding  trade  be- 
tween the  United  State.'?  and  Germany  and  expor- 
tation of  arms. 

74 

1G64 

The  Secretary  of  State  to  Ambassulor 
Gerard. 

May 

13 

Transmits  note  for  communication  to  the  German 
Government  protesting  against  -violation  by  the 
German  authorities  ol  .\merican  rights  on  the  high 
seas  which  culminated  in  the  torpedoing  and  sinl;- 
ing  of  the  Lusitania. 

75 

PART  IV. 

Foodstuffs  Cargo  of  the  American  Ship  Wilhelmina  in  British  Prize  Court. 


No. 

I'rom  and  to  whom. 

Date. 

Subject. 

Page. 

1915. 

1134 

The  Secretary  of  State  to  Amlias-sador 
Page  (telegram). 

Feb. 15 

Instructed  t<i  liring  to  the  attention  of  the  Biitish  Gov- 
ernment certain  points  in  <onnectii>n  with  the  cargo 
of  tlie  Wilhelmina  which  would  make  her  seizure 
unjustilialile. 

SI 

1G72 

Ambassador  Ps^e  to  the  Secretary  ot 

State  (telegram). 

Pel).  19 

Transmits  re])h-  of  British  Go\ernment  to  Depart- 
ment s  protest  regarding  the  seizure  of  the  Wilhel- 
mina. 

S2 

1903 

.\ml)assador  Page  to  the  Secretarv  of 
State. 

Apr.    ,S 

Reports  British  terms  of  settlement  in  Wilhelmina 
case  and  says  attorneys  strongly  recommend  ac- 
ceptance. 

S3 

PART  V. 
Destruction  of  American  Merchantman  WiHiam  P.  Frye  by  German  Cruiser  Prinz  Eitel  Friedrich. 


No. 

I'rom  and  to  whom. 

Date. 

Subject. 

Page. 

1915. 

144(1 

The  Secretary  of  State  to  .Vmbassador 
Geraril  (telegram). 

Mar.  31 

Instructed  to  i)resent  claim  of  owners  and  captain  for 
destruction  of  .\merican  sldp  William  P.  Prye  by 
the  German  cruiser  Prinz  Fitel  Friediich. 

.S7 

1984 

Ambassador  Gerard  to  the  Secretary 
of  State  (telegram). 

.\pr.    5 

Tran-smits  reply  of  German  (ioxernmcnt  regarding 
claim  for  sinking  of  the  William  P.  Frye  by  the 
Prinz  Eitel  Friediich. 

87 

1583 

The  Secretary  of  State  to  Amba.ssador 
Gerard. 

Apr.  28 

Inform    German    Go\'ernment    that    United    States 
tluiiks  \\'ilLiam  P.  Frye  claim  should  lie  settled  by 
diplomatic  negotiations  and  not  be  .submitted  to  a 
pnze  cotn-t  as  suggested. 

Sf4 

PART  I. 


DECLARATION  OF  LONEX)N. 


DECLARATION  OF  LONDON. 


File  No.  763.72112/48a. 

The  Secretary  of  State  to  Ambassador  W.  II.  Page} 

[Telegram — Paraphrase.  ] 

Depaktment  of  State, 
Washington,  August  6,  1914,  1  p-  in. 
Mr.  feryan  instructs  Mr.  Pago  to  inquire  whether  the  Britisli  Government  is  willing  to 
agree  that  the  laws  of  naval  warfare  as  laid  down  })y  the  Declaration  of  London  of  1909  shall 
be  applicable  to  naval  warfare  during  the  present  conflict  m  Europe  provided  that  the  Govern- 
ments with  whom  Great  Britain  is  or  may  be  at  war  also  agree  to  such  application.  Mr.  Bryan 
further  mstructs  Mr.  Page  to  state  that  the  Government  of  the  JJnited  States  believes  that  an. 
acceptance  of  these  laws  by  the  belligerents  would  prevent  grave  misunderstandings  wliich  may 
arise  as  to  the  relations  between  neutral  powers  and  the  belligerents.  Mr.  Bryan  adds  that  it  is 
earnestly  hoped  that  this  inquiry  may  receive  favorable  consideration. 


File  No.  763.72112/81. 

Ambassador  Penfield  to  the  Secretary  of  State. 
[Telegram.] 

American  Embassy, 
Vienna,  August  13,  1914,  8  p.  m. 
Your  August  6th.     Austria-Hungarian  Government  have  instructed  their  forces  to  observe 
stipulations  of   Declaration  of  London  as  applied  to  naval  as  well  as  land  warfare  during 
present  conflict  conditional  on  like  observance  on  part  of  the  enemy. 

Penfield. 


File  No.  763.72112/102. 

Charge  Wilson  to  the  Secretary  of  State. 

[Telegram — Paraphrase.] 

American  Embassy, 
St.  Petersburg,  August  20,  1914,  2  p.  m. 
Mi\  Wilson  refers  to  Department's  August  19,  4  p.  m.,  and  reports  that  the  Russian  Gov- 
ernment is  still  awaiting  the  decision  of  the  British  Government,  as  Russia  will  tai<e  similar 
action.     Mr.  Wilson  adds  that  the  Foreign  Office  does  not  expect  that  Great  Britain  wLU  decide 
to  observe  the  Declaration  of  London. 


File  No.  763.72112/108. 

Ambassador  Gerard  to  the  Secretary  of  State. 

[Telegram — Paraphrase.] 

Ajierican  Embassy, 
Berlin,  August  22,  1914,  12  midnight. 
Mr.  Gerard  refers  to  Department's  August  19,  4  p.  m.,  and  says  his  August  20,  1  a.  m., 
by  way  of  Copenhagen,  states  that  the  German  Government  will  apply  the  Declaration  of 
London,  provided  its  provisions  are  not  disregarded  by  other  belligerents. 

'  (Same  muUit  is  mutandis  to:  The  American  Embassies  at  St.  Petersburg,  Paris,  Berlin,  and  V'ieima,  and  the  American  Legation  at  Brussels. ) 

(5) 
97666°— 15— 2 


6  DECLARATIOX    OF    LONDON. 

File  No.  763.72112/126. 

Ambassador  W.  H.  Page  to  the  Secretary  of  State. 

No.  420.]  American  Embassy, 

London,  Au(/nst  27,  1914. 
Sir:  I  have  the  honor  to  transmit  herewith  inclosed  a  copy  of  the  note  from  the  Foreign 
OCTice  I  telegraphed  you  on  the  26th  instant  (No.  483)  defining  the  attitude  of  the  British 
Govornmont  with  regard  to  the  so-called  Declaration  of  London,  1909,  together  with  a  copy 
of  a  memorandum  which  accompanied  the  note,  and  a  copy  of  the  King's  order  in  council  of 
the  20th  instant  relating  to  this  matter. 

There  will  also  be  found  attached  a  copy  of  a  circular  note  I  have  just  received  from  the 
Foreign  Office  relating  to  the  same  onler  in  council  and  to  the  rules  governing  the  proceedings 
in  the  British  prize  courts.  Another  copy  of  the  King's  order  in  council  of  the  20th  instant, 
which  accompanied  the  circular  note,  is  inclosed  heremth,  and  there  will  be  found  as  well,  in 
the  pouch  which  accompanies  this  dispatch,  six  copies  of  the  Prize  Court  Rules. 
I  have,  etc., 

Walter  Hines  Page. 


[Inclosure  1.] 


The  MiniMcrfor  Foreign  Affairs  to  Ambassador  W.  H.  Page. 
No.  37230/14.  Foreign  Office, 

London.  August  22,  191-i. 

Your  Excellency:  On  the  7th  instant  you  were  80  good  as  to  address  to  me  a  note  inrjuiring,  pursuant  to  instruc- 
tions from  the  Secretarj-  of  State  at  Washington,  whether  His  Majesty's  Goveriunent  were  willing  to  agree  that  the 
laws  of  naval  warfare,  as  laid  down  by  the  Declaration  of  London,  1909.  should  l>o  applicable  to  naval  warfare  during 
the  present  European  conflict,  provided  that  the  Governments  with  whom  tiroat  Britain  is  at  war,  or  with  whom  her 
relations  are  not  normal,  also  agree  to  such  application. 

Your  Excellency  added  that  it  was  the  belief  of  your  Government  that  the  acceptance  of  these  laws  by  the  bellig- 
erents would  prevent  the  possibility  of  grave  misunderstandings  as  to  the  relations  between  belligerents  and  neutrals. 

I  have  the  honor  to  inform  Your  Excellency  that  Ilis  Majesty's  Government,  who  attach  great  importance  to  the 
views  expressed  in  Your  Excellency's  note  and  are  animated  by  a  keen  desire  to  consult  so  far  as  possible  the  interests 
of  neutral  countries,  have  given  this  matter  their  most  careful  consideration  and  have  pleasure  in  stating  that  they 
have  decided  to  adopt  generally  the  rules  of  the  declaration  in  question,  subject  to  certain  modifications  and  additions 
which  they  judge  indispensable  to  the  efficient  conduct  of  their  naval  operations.  A  detailed  explanation  of  these 
additions  and  modifications  is  contained  in  the  inclosed  memorandum. 

The  necessary  stejis  to  carry  the  above  decision  into  effect  have  now  been  taken  by  the  issue  of  an  order  in  council, 
of  which  I  have  the  honor  to  inclose  copies  herein  for  Your  Excellency's  information  and  for  transmission  to  your 
Government. 

I  may  add  that  His  Majesty's  Government,  in  deciding  to  adhere  to  the  rules  of  the  Declaration  of  London,  subject 
only  to  the  aforesaid  modifications  and  additions,  have  not  waited  to  learn  the  intentions  of  the  enemy  Governments, 
but  have  been  actuated  by  a  desire  to  terminate  at  the  earliest  moment  the  condition  of  uncertainty  which  has  been 
prejudicing  the  interests  of  neutral  trade. 
I  have,  etc., 

E.  A.  Crowe. 


[Enclosure  2.J 
MEMORANDUM. 


1.  The  lists  of  contraband  already  published  by  Hie  Majesty  are  substituted  for  those  contained  in  Articles  22 
and  24  of  the  Declaration  of  London.  Lists  similar  to  those  published  by  His  Majesty  have  been  issued  by  the  French 
Government. 

2.  His  Majesty's  Government  do  not  feel  able  to  accept  in  its  entirety  the  rule  laid  down  in  Article  38  of  the 
Declaration.  It  has  been  the  practice  of  the  British  Navy  to  treat  as  liable  to  capture  a  vessel  which  carried  contra- 
band of  war  with  false  papers  if  she  was  encountered  on  the  return  voyage,  and  to  this  exception  His  Majesty's  Gov- 
ernment feel  it  necossarj-  to  adhere. 

3.  The  peculiar  conditions  in  the  present  war  due  to  the  fact  that  neutral  ports  such  as  Rotterdam  are  the  chiei 
means  of  access  to  a  large  part  of  Germany  and  that  exceptional  measures  have  been  taken  in  the  enemy  country  for 
the  control  by  the  Government  of  the  entire  supply  cf  foodstuffs  have  convinced  Ilis  Majesty's  Government  that 
modifications  are  required  in  the  applications  of  Articles  34  and  35  of  the  Declaration.  These  modifications  are  con- 
tained in  paragraphs  3  and  5  of  the  accompanj-ing  Order  in  Council. 

4.  Article  15  of  the  Declaration  contains  a  provision  as  to  presumptive  knowledge  of  the  blockade  in  certain  cases 
if  the  vessel  has  sailed  from  a  neutral  port.  No  mention  is  made  of  British  or  allied  enemy  ports.  These  omissions 
are  supplied  by  Article  4  of  the  Order  in  Council. 

5.  The  Order  in  Council  also  provides  for  the  acceptance  of  the  very  valuable  commentary  on  the  Declaration 
which  was  embodied  in  the  General  Report  prepared  by  Monsieur  Renault. 


DECLARATIOX    OF   LONDON.  7 

[Inclosure  3.| 
OBDER   IX   COUNCIL.' 

Directing  the  Adoption  and  Enforcement  Biiring  the  Present  Hostilities  of  the  Convention  Known  as  the 
Declaration  of  London,  Subject  to  Additions  and  Modifications. 

1914.     No.  1260. 

At  the  court  at  Buckingham  Palace,   the  20th  day  of  AugUBt,    1914.     Present,   The   King's  Most  Excellent 

Majesty  in  Council. 

Whereas  during  the  present  hostilities  the  naval   forces  of  Hb  Majesty   will  cooperate   with   the  French  and 

Russian  naval  forces;  and 
WTiereas  it  is  desirable  that  the  naval  operations  of  the  allied  forces  so  far  as  they  affect  neutral  ships  and 

commerce  should  be  conducted  on  similar  principles;  and 
Whereas  the  Governments   of  France  and    Russia  have  informed   His   Majesty's  Government  that  during  the 

present  hostilities  it  is  their  intention  to  act  in  accordance  with  the  provisions  of  the  convention  known 

as  the  Declaration  of  London,  signed  on  the  26th  day  of  February,  1909,  so  far  as  may  be  practicable. 

Now,  therefore,  His  Majesty,  by  and  with  the  advice  of  his  Privy  CouncU,  is  pleased  to  order,  and  it  is 
hereby  ordered,  that  during  the  present  hostilities  the  convention  known  as  the  Declaration  of  London  shall, 
subject  to  the  following  additions  and  modifications,  be  adopted  and  put  in  force  by  His  Majesty's  Government 
as  if  the  same  had  been  ratified  by  His  Majesty: 

The  additions  and  modifications  are  as  follows: 

(1)  The  lists  of  absolute  and  conditional  contraband  contained  in  the  proclamation  dated  August  4,  1914, 
shall  be  substituted  for  tbe  lists  contained  in  articles  22  and  24  of  the  said  declaration. 

(2)  A  neutral  vessel  which  succeeded  in  carrying  contraband  to  the  enemy  with  false  papers  may  be 
detained  for  ha\ing  carried  such  contraband  if  she  is  encountered  before  she  has  completed  her  return  voyage. 

(3)  The  destination  referred  to  in  Article  33  may  be  inferred  from  any  sufficient  evidence,  and  (in 
addition  to  the  presumption  laid  down  in  Article  34)  shall  be  presumed  to  exist  if  the  goods  are  consigned 
to  or  for  an  agent  of  the  enemy  State  or  to  or  for  a  merchant  or  other  person  under  the  control  of  the 
authorities  of  the  enemy  State. 

(4)  The  existence  of  a  blockade  shall  be  presumed  to  be  known — 

(a)  To  all  ships  which  sailed  from  or  touched  at  an  enemy  port  a  sufficient  time  after  the  notification 
of  the  blockade  to  the  local  authorities  to  have  enabled  the  enemy  Government  to  make  known  the  exist- 
ence of  the  blockade; 

(6)  To  all  ships  which  sailed  from  or  touched  at  a  British  or  allied  port  after  the  publication  of  the 
declaration  of  blockade. 

(5)  Notwithstanding  the  provisions  of  Article  3-5  of  the  said  Declaration,  conditional  contraband,  if 
shown  to  have  the  destination  referred  to  in  Article  32.  is  liable  to  captiu-e,  to  whatever  port  the  vessel  is 
bound  and  at  whatever  port  the  cargo  is  to  be  discharged. 

(6)  The  General  Report  of  the  Draftuig  Committee  on  the  said  Declaration  presented  to  the  Naval  Con- 
ference and  adopted  by  the  conference  at  the  eleventh  plenary  meeting  on  February  25,  1909,  shall  be 
considered  by  all  Prize  Courts  as  an  authoritative  statement  of  the  meaning  and  intention  of  the  said 
Declaration,  and  such  courts  shall  construe  and  interpret  the  provisions  of  the  said  Declaration  by  the  Ught 
of  the  commentary-  given  therein. 

And  the  Lords  Commissioners  of  His  Majesty's  Treasury,  the  Lords  Commissioners  of  the  Admiralty, 
and  each  of  His  JIajesty's  Principal  Secretaries  of  State,  the  President  of  the  Probate,  Divorce,  and 
Admiralty  Division  of^  the  High  Court  of  Justice,  all  other  judges  of  His  Majesty's  Prize  Courts,  and  all  gov- 
ernors, officers,  and  authorities  whom  it  may  concern  are  to  give  the  necessarj'  directions  herein  as  to  them 
may  respectively  appertain, 

Almeric  Fitzrot. 


File  No.   763.72112/112. 

Charge    TFiZson  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 
St.  Pftersburg,  August  27,  1914. 
Russian  Goremment  accepts  Declaration  uf  London  vriih.  exact  modifications  adopted  by 
England  and  France. 

Wilson. 


File  No.  763.72112/120. 

Ambassador  HerricJc  to  the  Secretary  of  State. 

[Telegram.] 

AiiERiCAN  Embassy, 
Paris,  September  3,  1914. 
The  Frencli  Government  will  observe  the  provisions  of  the  Declaration  of  London  with 
following  reservation:  Article   1.  The  Declaration  signed  in  London  on  February  26.   1909, 
concerning  the  legislation  of  naval  war  shall  be  apphed  during  the  war  subject  to  the  following 
additions  and  modifications: 

»  The  above  was  repealed  by  the  Order  in  Council  of  Oct.  29, 19».    See  Part  II,  p.  13. 


g  DECLABATIOX    OF    LONDON. 

One.  The  lists  of  absolute  and  conditional  contraband  notified  by  publication  in  the 
Journal  OfRciel  of  August  11,  1914,  are  substituted  for  those  contained  in  Articles  22  and  24  of 
the  Declaration.  Notices  published  in  the  Journal  OfRciel  shall  eventually  make  known  any 
new  additions  or  modifications  to  said  lists. 

Two.  Any  neutral  ship  which  may  have  succeeded  in  carrying  contraband  to  the  enemy 
by  means  of  false  papers  may  be  seized  under  this  accusation  if  met  with  before  completing; 
its  return  journey. 

Three.  The  purpose  within  the  meaning  of  Article  33  of  the  Declaration  may  be  inferred 
from  any  sufficient  proof,  and  (besides  the  assumption  contained  in  Article  34)  shall  be  con- 
sidered as  existing  if  the  merchandise  is  consigned  to  or  in  the  name  of  an  agent  of  the  enemy 
or  to  or  in  the  name  of  any  dealer  or  of  any  other  person  acting  under  the  control  of  the  authori- 
ties of  the  enemy. 

Four.  The  existence  of  a  blockade  shall  be  deemed  known  (a)  for  all  ships  starting  from 
or  touching  at  an  enemy's  port  within  a  sufficient  delay  after  notification  of  blockade  to  the  local 
authorities  to  have  allowed  the  enemy's  government  to  make  kno\\Ti  the  existence  of  the 
blockade;  (b)  for  all  ships  which  may  have  left  or  touched  at  a  French  or  ally's  port  after 
publication  of  declaration  of  blockade. 

Five.  Notwithstanding  the  provisions  of  article  35  of  the  declaration  the  conditional 
contraband,  if  it  is  proved  that  its  destination  comes  within  the  meaning  of  article  33,  is  liable 
to  capture,  whatever  may  be  the  port  of  destination  of  the  ship  and  the  port  where  the  cargo 
is  to  be  unloaded. 

Only  change  made  in  Journal  Officiel  of  August  11,  1914,  is  transfer  of  balloons,  flying 
machines,  etc.,  from  conditional  contraband  list  to  absolute  contraband  list.  Article  22  still, 
then,  contains  12  subdivisions,  12  referring  to  balloons  and  flying  machines,  and  article  24, 
13  subdivisions,  subdivision  8  being  eliminated  and  becoming  subdivision  12  of  absolute 
contraband. 

Herrick. 


The  Acting  Secretary  of  State  to  Ambassador  W.  H.  Page. 

[Telegram.] 
373.]  Department  of  State, 

Washington,  October  22,  1914.     4  P-  w. 

Your  No.  864,  October  19,  Declaration  of  London. 

Inasmuch  as  the  British  Government  consider  that  the  conditions  of  the  present  European 
conflict  make  it  impossible  for  them  to  accept  without  modification  the  Declaration  of  London, 
you  are  requested  to  inform  His  Majesty's  Government  that  in  the  circumstances  the  Govern- 
ment of  the  United  States  feels  obfiged  to  withdraw  its  suggestion  that  the  Declaration  of 
London  be  adopted  as  a  temporary  code  of  naval  warfare  to  be  observed  by  belligerents  and 
neutrals  during  the  present  war;  that  therefore  this  Government  will  insist  that  the  rights 
and  duties  of  the  United  States  and  its  citizens  in  the  present  war  be  defined  by  the  existing 
rules  of  international  law  and  the  treaties  of  the  United  States  irrespective  of  the  provisions 
of  the  Declaration  of  London;  and  that  this  Government  reserves  to  itself  the  right  to  enter 
a  protest  or  demand  in  each  case  in  which  those  rights  and  duties  so  defined  are  violated  or 
their  free- exercise  interfered  with  by  the  authorities  of  His  Britannic  Majesty's   Government. 

Lansing. 


File  No.  763.72112/226a. 

The  Acting  Secretary  of  State  to  Ambassador  Gerard. '^ 

[Telegram — Paraphrase.  ] 

Department  of  State, 
Washington,  October  24,  1914.  5  p.  m. 
Referring  to  Department's  August  6,  1  p.  m.,  and  Embassy's  October  22,  relative  to  the 
Declaration  of  London,  Mr.  Lansing  instructs  Mr.  Gerard  to  infonn  the  German  Government 
that  the  suggestion  of  the  department  to  belligerents  as  to  the  adoption  of  declaration  for  sake 
of  uniformity  as  to  a  temporary  code  of  naval  warfare  diu-ing  the  present  conffict  has  been  with- 
drawn because  some  of  the  belligerents  are  unwilling  to  accept  the  declaration  without  modi- 
fications and  that  this  Government  will  therefore  insist  that  the  rights  and  duties  of  the  Gov- 
ernment and  citizens  of  the  United  States  in  the  present  war  be  defined  by  existing  rules  of 
international  law  and  the  treaties  of  the  United  States  without  regard  to  the  provisions  of  the 
declaration  and  that  the  Government  of  the  United  States  reserves  to  itself  the  right  to  enter 
a  protest  or  demand  in  every  case  in  which  the  rights  and  duties  so  defined  are  violated  or 
their  free  exercise  interfered  with  by  the  authorities  of  the  beUigerent  governments. 

'  (Same  to  the  embassies  at  St.  Petersburg,  Vienna,  and  Paris,  and  the  legation  at  Brussels.) 


PART  II. 


PAPERS  RELATING  TO  ARTICLES  LISTED  AS  CONTRABAND  OF  WAR. 


CONTRABAND  OF  WAR. 


BRITISH  CONTRABAND. 

File  No.  763.72112/26. 

Ambassador  Page  to  the  Secretary  of  State. 

[Telegram — Paraphrase .  ] 

American  Embassy, 

London,  August  5,  191 J^. 
Mr.  Page  reports  that  he  has  received  from  the  Foreign  Office  list  of  articles  which  the 
British  Government  have  declared  to  he  absokite  contraband  and  conditional  contraband, 
respectively,  during  the  present  war: 

PROCL.\M.\TIOX. 

Aiigiwt  4,  1914.     No.  1250. 

Specifying  the  articles  to  be  treated  as  contraband  of  -war. 

GEORGE  R.  I. 

Whereas  a  state  of  war  exists  between  us  on  the  one  hand  and  the  German  Empire  on  the  other: 
And  whereas  it  is  necessary  to  specify  the  articles  which  it  is  our  intention  to  treat  as  contraband  o£  war: 
Now,  therefore,  we  do  hereby  declare,  by  and  with  the  advice  of  our  Pri\-y  Council,  that  during  the  continuance 
of  the  war  or  until  we  do  give  further  public  notice  the  artirlfs  enumerated  in  Schedule  I  hereto  will  be  treated  as 
absolute  contraband,  and  the  articles  enumerated  in  Schedule  II  hereto  will  be  treated  as  conditional  contraband; 

SCHEDULE    I. 

The  following  articles  will  be  treated  as  absolute  contraband: 

1.  Arms  of  all  kinds,  including  arms  for  sporting  purposes,  and  their  distinctive  component  parts. 

2.  Projectiles,  charges,  and  cartridges  of  all  kinds,  and  their  distinctive  component  parts. 

3.  Powder  and  explosives  specially  prepared  for  use  in  war. 

4.  Gun  mountings,  limber  boxes,  limbers,  military  wagons,  field  forges,  and  their  distinctive  component  parts. 

5.  Clothing  and  equipment  of  a  distinctively  military  character. 

6.  All  kinds  of  harness  of  a  distinctively  military  character. 

7.  Saddle,  draft,  and  pack  animals  suitable  for  use  in  war. 

8.  Articles  of  camp  equipment  and  their  distinctive  component  parts. 

9.  Armor  plates. 

10.  Warships,  including  boats,  and  their  distinctive  component  parts  of  such  a  nature  that  they  can  only  be  used 
on  a  vessel  of  war. 

11.  Aeroplanes,  air.-^hips,  balloons,  and  air  craft  of  all  kinds,  and  their  component  parts,  together  with  accessories 
and  articles  recognizable  as  intended  for  use  in  connection  with  balloons  and  air  craft. 

12.  Implements  and  apparatus  designed  exclusively  for  the  manufacture  of  munitions  of  war,  for  the  manufac- 
ture or  repair  of  arms,  or  war  material  for  use  on  land  and  sea. 

SCHEDULE    II. 

The  following  articles  will  be  treated  as  conditional  contraband: 

1.  Foodstuffs. 

2.  Forage  and  grain  suitable  for  feeding  animals. 

3.  Clothing,  fabrics  for  clothing,  and  boots  and  shoes,  suitable  for  use  in  war. 

4.  Gold  and  silver  in  coin  or  bullion;  paper  money. 

5.  Vehicles  of  all  kinds  available  for  use  in  war  and  their  component  parts. 

G.  Vessels,  craft,  and  boats  of  all  kinds;  floating  docks,  parts  of  docks,  and  their  component  parts. 

7.  Railway  material,  both  fixed  and  rolling  stock,  and  materials  for  telegraphs,  wireless  telegraphs,  and  telephones. 

8.  Fuel;  lubricants. 

9.  Powder  and  explosives  not  specially  prepared  for  use  in  war. 

10.  Barbed  wire,  and  implements  for  fixing  and  cutting  the  same. 

11.  Horseshoes  and  shoeing  materials. 

12.  Harness  and  saddlery. 

13.  Field  glasses,  telescopes,  chronometers,  and  all  kinds  of  nautical  instruments. 

Given  at  our  court  at  Buckingham  Palace,  this  fourth  day  of  August,  in  the  year  of  our  Lord  one  thousand  nine 
hundred  and  fourteen,  etc.,  etc. 

11 


12  CONTKABAXD   OF    WAR. 

File  No.  763.72112/138 

Ambassador   W.  E.  Page  to  the  Secretary  of  State. 
[Telegram.] 

American  Embassy, 

London,  September  30,  19H. 
Following  proclamation  regarding  contraband  of  war  has  been  received  from  the  Foreign 

Office. 

Page. 

PKOCLAMATION. 

September  21,  1914.    No.  1410. 
Specifying  certain  additional  articles  which  are  to  be  treated  as  contraband  of  war. 

Geohoe  R.  I. 

AMiereaa  on  the  4th  day  of  August  last,  we  did  is.sue  our  loyal  proclamation  specifying  the  articles  which  it  was 
our  intention  to  treat  .is  contraband  of  war  diuing  the  war  between  us  and  the  German  Emperor. 

And  whereas  on  the  12th  day  of  Augutst  last  we  did  by  our  royal  proclamation  of  that  date  extend  our  proclamation 
afore-mentioned  to  the  war  between  us  and  the  Emperor  of  Austria,  King  of  Hungary. 

And  whereas  by  an  order  in  council  of  the  20th  day  of  August,  1914,  it  was  ordered  that  during  the 
present  hostilities  the  convention  kno^Ti  as  the  Declaration  of  London  should,  subject  to  certain  additions  and  modi- 
fications therein  specified,  be  adopted  and  put  in  force  as  if  the  same  had  been  ratified  by  us. 

And  whereas  it  is  desirable  to  add  to  the  ILst  of  articles  tu  be  treated  as  contraband  of  war  during  the  present  war. 

And  whereas  it  is  expedient  to  introduce  certain  further  modifications  in  the  Declaration  of  London  as  adopted 
and  put  into  force. 

Now,  therefore,  we  do  hereby  declare,  by  and  with  the  advice  of  our  privy  council,  that  during  the  continuance 
of  the  war,  or  until  we  do  give  further  public  notice,  the  articles  enumerated  in  the  schedule  hereto  will,  notwithstand- 
ing anything  contained  in  Article  28  of  the  Declaration  of  Loudon,  be  treated  as  conditional  contraband. 

Schedule. 

Copper,  unwrought.  Magnetic  iron  ore. 

Lead,  pig,  sheet,  or  pipe.  Rubber. 

Glycerine.  Hides  and  skins,  raw  or  rough  tanned  (but  not  including 

Ferrochrome.  dressed  leather). 

Haematite  iron  ore. 

Given  at  our  court  at  Buckingham  Palace,  this  twenty-first  day  of  September,  in  the  year  of  our  Lord  one  thousand 
nine  hundred  and  fourteen,  etc.,  etc. 


File  No.  763.72112/3S5. 

Ambassador    IV.  11.  Page  to  the  Secretary  of  State. 

No.  549.]  American  Embassy 

London,  November  S,  1914- 

Sir:  I  have  the  honor  to  transmit  herewith  a  copy  of  a  proclamation  containing  a  revised 

list  of  articles  which  the  British  Government  have  decided  to  declare  absolute  or  conditional 

contraband,  respectively,  during  the  present  war,  as  well  as  a  copy  of  an  Order  in  Coimcil 

defining  the  attitude  of  His  Majesty's  Government  toward  the  Declaration  of  London  during 

the  present  hostihties  and  the  rules  which  have  been  decided  to  be  adopted  in  modification  of 

the  declaration. 

I  have,  etc., 

Walter  Hines  Page. 


PROCL.\.M.\TION'. 


October  29,  1914.     No.  1613. 
Revising  the  List  of  Contraband  of  War. 

George  R.  I. 

\Mierea3,  on  the  fourth  day  of  August,  1914,  We  did  i.^sue  Our  Royal  Proclamation  specif\'ing  the  articles  which 
it  was  Our  intention  to  treat  as  contraband  of  war  during  the  war  between  Us  and  the  German  Emperor:  and 

Whereas,  on  the  twelfth  day  of  August,  1914,  We  did  by  Our  Royal  Proclamation  of  that  date  extend  Our  Procla- 
mation aforementioned  to  the  w.ar  between  Us  and  the  Emperor  of  Austria,  King  of  Hungarj-;  and 


COXTRABAXD    OF    WAR.  13 

■Whereas  on  the  twenty-first  day  of  September,  1914,  We  did  I'V  Our  Royal  Proclamation  of  that  date  majic  certain 
additions  to  the  list  of  articles  to  be  treated  as  contraband  of  war;  and 

Whereas  it  is  exped'unt  to  consolidate  the  said  lists  and  to  make  certain  additions  thereto: 

Now.  ther-jfore.  We  do  hereby  declare,  by  and  with  the  advice  of  Our  Privy  (ounci!,  that  the  U^ta  of  contraband 
contained  in  the  schedules  to  Our  Royal  Proclamations  of  the  fourth  day  of  August  and  the  twenty-first  day  of  Sep- 
tember aforementioned  are  hereby  withdrawn,  and  that  in  Ueu  thereof  during  the  continuance  of  the  war  or  until 
A\'e  do  give  further  [lublic  notice  the  articles  enimierated  in  Schedule  I.  hereto  \nll  be  treated  as  absolute  contraband, 
and  the  articles  enumerated  in  Schedule  II.  hereto  will  be  treat<Kl  conditional  contraband. 

SCHEDULE   I. 

1 .  Arms  of  all  kinds,  including  arms  for  sporting  purposes,  and  lluir  distinctive  coniponent  parts. 

2.  Projectiles,  charges,  and  cartridges  of  all  kinds,  and  their  distinctive  component  parts. 
;i.  Powder  and  explosives  specially  prepared  for  Ui^e  in  war. 

4.  Sulphuric  acid. 

0.  Gun  mountings,  limber  boxes,  limbers,  military  wagons,  field  forges  and  th.-ir  distinctive  component  parts. 
fi.  Range-finders  and  their  distinctive  componi'nt  parts. 

7.  Clothing  and  equipment  of  a  distinctively  military  character. 

8.  Saddle,  draft,  and  pack  j-nimals  suitable  for  usr-  in  war. 

9.  .\11  kinds  of  harness  of  a  distinctively  military  character. 

10.  Articles  of  camp  equipment  and  their  distinctive  component  parts. 

1 1.  Armour  plates. 

12.  Haematite  iron  ore  and  h&.-matite  pig  iron. 

13.  Iron  pyrites. 

14.  Xickel  ore  and  nickel. 

15.  Ferrochrome  and  chrome  ore. 

16.  Copper,  unwrought. 

17.  liCad,  pig,  sheet,  or  pipe. 

18.  Aluminium, 
in.  Ferro-silica. 

20.  Barbed  wire,  and  implements  for  fixing  and  cutting  the  same. 

21.  Warships,  including  boats  and  th<'ir  distincti\e  component  parts  of  such  a  nature  that  they  can  only  be  used 
on  a  vessel  of  war. 

22.  Aeroplanes,  airships,  balloon.s,  and  aircraft  of  all  kinds,  and  their  component  part",  together  -tt-ith  accessories 
and  articles  recognizable  as  intended  for  use  in  connection  with  balloons  and  aircraft. 

23.  Motor  vehicles  of  all  kinds  and  their  component  parts. 

24.  Motor  tires;  rubber. 

25.  Mineral  oils  and  motor  spirit,  except  lubricating  oils. 

2G.  Implements  an<l  apparatus  designed  exclusively  for  the  manufacture  of  munitions  of  war,  for  the  manufacture 
or  repair  of  arms,  or  war  mat.'ri;-!  for  use  on  land  and  sea. 

SCHEMULE   II. 

1.  Foodstuffs. 

2.  Forage  and  feedings  stuff  for  animals. 

3.  Clothing,  fabrics  for  clothing,  and  boots  and  shoes  suitable  for  use  in  war. 

4.  Gold  and  silver  in  coin  or  bullion;  paper  money. 

5.  Vehicles  of  all  kinds,  other  than  motor  vehicles,  available  for  use  in  war,  and  their  component  parts, 
li.  Vessels,  craft,  and  boats  of  all  kincL^;  floating  docks,  parts  of  dixks,  and  their  component  part.--. 

7.  Railway  materials,  both  fixed  and  rolling  stock,  and  materials  for  telegraphs,  wireless  telegraphs,  and 
telephones. 

8.  Fuel,  other  than  mineral  oils.     Lubricants. 

!>.  Powder  and  explosives  not  specially  prepared  for  use  in  war. 

10.  Sulphur. 

11.  Glycerine. 

12.  Horseshoes  and  shoeing  materials. 

13.  Harness  and  saddlory. 

14.  Hides  of  all  kinds,  drj-orwet;  pig.-^kins,  raw  or  dressed;  leather,  undres.sed  or  dressed,  suitable  for  saddlery, 
harness,  or  miliUuy  boots. 

15.  Field  gla.sses,  telescopes,  chronometers,  and  all  kinds  of  nautical  instrument"--. 

Given  at  our  court  at  Buckingham  Palace,  this  twenty-ninth  day  of  October,  in  the  year  of  our  Lord  one  thousand 
nine  hundred  and  fourteen,  etc.,  etc. 


ORDER   IN-   COUNCIL. 

October  29,  1914.     Xo.  1014. 

Whereas  by  an  Order  in  Council  dated  the  20th  day  of  August,  1914,  His  Maje.sty  was  pleased  to  declare  ihat 
during  the  present  hostilities  the  Convention  known  as  the  Declaration  of  London  should,  subject  to  certain  additions 
and  modifications  therein  specified,  bo  adopted  and  put  in  force  by  His  Jfajesty's  Government;  and 

Whereas  the  said  atldirions  and  modifications  were  rendered  necessary  by  the  special  conditions  of  the  present 
war;  and 

97666°— 15 3 


14  COXTRABAXD    OF    WAR. 

^^'herea8  it  is  desirable  and  possible  now  to  reenact  the  said  Order  in  Council  w  ith  amendment*"  in  order  to  mini- 
mize, so  far  as  possible,  the  interfercneo  with  innocent  neutral  trade  occasioned  by  the  war: 

Now,  therefore.  His  Majesty,  by  and  w  ith  the  advice  of  His  Privy  Coimcil.  is  pleased  to  order,  and  it  is  hereby 
ordered,  as  follows: 

1 .  Dining  the  present  hostilities  the  pro\-isions  of  the  Convention  known  as  the  Declaration  of  London  shall,  subject 
to  the  exclusion  of  the  lists  of  contraband  and  noncontraband,  and  to  the  modifications  hereinafter  set  out.  be  adopted 
and  put  in  force  by  His  Majesty's  Government. 

The  modifications  are  as  follows: 
(i)  A  neutral  vessel,  with  papers  indicating;  a  neutral  destination,  which,  notwithstanding  the  destination  shown 

on  the  papers,  proceeds  to  an  enemy  port,  shall  be  liable  to  capture  and  condemnation  if  she  is  encountered 

before  the  end  of  her  next  voyage, 
(ii)  The  destination  referred  to  in  Article  H:i  of  the  said  Declaration  shall  (in  addition  to  the  presumptions  laid 

dow  n  in  Article  'M)  be  presume<l  to  exist  if  the  goods  are  con'^igned  to  or  for  an  agent  of  the  enemy  State. 
(iii)  Notwith.slanding  the  provisions  of  Article  35  of  the  said  Declaration,  conditional  contraband  shall  be  liable 

to  capture  on  board  a  I'essel  bound  for  a  neutral  port  if  the  goods  are  consigned  "to  order."  or  if  the  sliip's 

jiapers  do  not  .show  w  ho  is  the  consignee  of  the  goods,  or  if  they  sho^\  a  consignee  of  the  goods  in  territory 

belonging  to  or  occupied  by  the  enemy. 
(iv)  In  the  cases  covered  by  the  preceding  ]iaragi'aph  (iiil  it  shall  lie  upon  the  owners  of  the  goods  tn  prove  that 

their  destination  was  innocent. 

2.  Where  it  is  shown  to  tlie  .satisfaction  of  one  of  His  Majesty's  Prim  ipal  Secretaries  of  State  that  the  enemy  Govern- 
ment is  draw  ing  supplies  for  its  armed  forces  from  or  through  a  neutral  countPi'.  he  may  direct  that  in  respect  of  ships 
l>ound  for  a  port  in  that  country.  Article  35  of  llie  said  Declaration  shall  not  apply.  Such  direction  shall  be  notified 
in  the  ''London  Gazette"  and  shall  operate  until  ihe  s;ime  is  withdrawn.  So  long  as  such  direction  is  in  force,  a  vessel 
which  is  carrying  conditional  contrahand  to  a  port  in  that  countrj'  shall  not  be  immune  from  capture. 

3.  The  Order  in  Council  of  the  20th  August.  Ifll4,  directing  the  adoption  and  enforcement  during  the  present 
hostilities  of  the  Convention  known  as  the  Declaration  of  London,  subject  to  the  additions  and  modifications  therein 
specified,  is  hereby  repealed. 

4.  Tins  Order  may  be  cited  as  "the  Declaration  of  London  Order  in  Council.  Xo.  2.  1914." 

And  the  Lords  Commissioners  of  His  Majesty's  Treasury,  the  Lords  Commissioners  of  the  Admiralty,  and  each  of 
His  Majesty's  Principal  Secretaries  of  State,  the  President  of  the  Probate.  Divorce,  and  Admiralty  Division  of  the 
High  Court  of  Ju.stice.  all  other  .Judges  of  His  Majesty's  Prize  Co\uts.  and  all  Governors.  Officers,  and  Authorities  whom 
it  may  concern,  are  to  give  the  necessary  diiections  herein  as  to  them  may  respectively  appertain. 

Al.MERIC   FiTZROY. 


File  No.  763.72112/395. 

Consul  General  Shinncr  to  the  Secretan/  of  State. 

[Telegram—  Kxtract.] 

AmERICAX    CONSl'LATE    GeXERAL, 

London,  Nen^emher  17,  1914 — ^  P-  W- 
Foreign  Office  states:  "Cottonseed  cako,  being  feeding  stuff  for  cattle,  i.s  conditional  con- 
traband and  will  he  treated  in  strict  accordance  with  order  in  council,  article  1,  subarticle  3." 

Skinner. 


File  No.  703.72112/418. 

Consul  General  SMnner  to  the  Secretary  of  State. 

[Telegram.] 

American  Consulate  General, 

London,  A'ovemher  25,  1914. 
British   authorities  inform  me  to-day  in   their  view  toluene  and  toluol  are  contrahand. 

Skinner. 


File  No.  763.72112/521. 

Consul  General  Shinrter  to  the  Secretan/  of  State. 

[Telegram — Parai)hrase.] 

American  Consulate  General, 

London,  Deecmher  24,  1914- 
Mr.  Skinner  states  that  radically  amended  contraband  list  is  promulgated  by  proclamation 
of  December  23,  1914,  as  follows: 


COXTRABAXD    OF    WAR.  15 

PHOCLAMATION. 

Dficember  23,  1914. 

Revising  the  List  of  Axticles  to  be  Treated  as  Contraband  of  War. 

George,  R.  I. 

^Vherea8  on  the  4th  day  of  .Vugust,  1914,  we  di<l  issue  our  royal  pro'lamalion  spe>  ii'yiiig  the  articles  which  it 
was  our  intention  to  treat  as  contraband  of  war  during  tlie  war  between  us  and  the  German  Emperor;  and 

^\'herea8  on  the  12th  day  of  August.  1914,  we  did  by  our  royal  jjrodamation  of  that  date  extend  our  proclamation 
aforementioned  to  the  war  between  us  and  the  Emperor  of  Austria.  King  of  Hungary;  and 

\MiPrea8  on  tlie  21st  day  of  September,  1914,  we  did  by  our  royal  proclamation  of  that  date  make  certain  additions 
to  the  list  of  artirles  to  be  treated  as  contraband  of  war;  and 

Whereas  on  the  29th  day  of  October.  1914.  we  did  by  our  royal  proclamation  of  that  date  withdraw  the  8ai<l  lisfa 
of  contraband  and  substitute  therefor  the  lists  contained  in  the  schedules  to  the  said  proclamation;  and 

\Mierea8  it  is  expedient  to  make  certain  alterations  in  and  additions  to  the  said  lists: 

Now.  therefore,  we  do  hereby  declare,  by  and  with  the  ad\dce  of  our  Privy  Council,  that  the  lists  of  contraband 
contained  in  the  schedules  to  our  royal  proclamation  of  the  twenty-ninth  day  of  October  aforementioned  are  hereby 
withdrawn,  and  that  in  lieu  thereof  during  the  continuance  of  the  war  or  until  we  do  give  further  public  notice  the 
articles  enumerated  in  Schedule  1  hereto  will  bo  treated  as  absolute  contraband,  and  the  articles  enumerated  in 
Schedule  II  hereto  will  be  treated  as  conditional  contraband. 

."CHEDULK    I. 

1.  Arms  of  all  kinds,  including  arms  for  8])orling  purposes,  anil  their  ili.stinctive  component  part.a. 

2.  Projectiles,  charges,  and  cartridges  of  all  kinds  and  their  distinctive  component  parts. 

3.  Powder  and  explosives  specially  prepared  for  use  in  war. 

4.  Ingredients  of  explosives,  viz,  nitric  acid,  sulphuric  acid,  glycerine,  acetone,  calcium  acetate  and  all  other 
metallic  acetates,  suljihur,  potassium  nitrate,  the  fractions  of  the  distillation  products  of  coal  tar  between  benzol  and 
crcsol,  inclusive,  aniline,  methylaniline,  dimethylaniline,  ammonium  perchlorate.  .-iodium  perchlorate,  sodium 
chlorate,  barium  chlorate,  ammonium  nitrate,  cyanamide,  potassium  chlorate,  calcium  nitrate,  mercury. 

5.  Resinous  products,  camjjhor,  and  turpentine  (oil  and  spirit]. 

6.  Gun  mountings,  limber  boxes,  limbers,  military  witgons.  field  forges,  and  their  distinctive  lomponent  parts. 

7.  Range-finders  and  their  distinctive  component  parts. 

8.  Clothing  and  equipment  of  a  distinctively  militarj'  character. 

9.  Saddle,  draught,  and  pack  animals  suitable  for  use  in  war. 

10.  All  kinds  of  harness  of  a  distinctively  military  character. 

11.  Articles  of  camp  equipment  and  their  distinctive  component  parts. 

12.  Armour  plates. 

13.  Ferro  alloys,  including  ferro-tungsten,  ferro-molybdenum,  ferro-inanganesc,  forro-vanadium,  ferro-chrome. 

14.  The  following  metals:  Tungsten,  molybdenum,  vanadium,  nickel  selenium,  cobalt.  Iiaematite  pig-iron, 
manganese. 

15.  The  following  ores:  Wolframite,  6<heelite,  molybdenite,  manganese  ore,  nickel  ore,  chrome  ore,  haematite 
iron  ore,  zinc  ore,  lead  ore,  bauxite. 

16.  Aluminium,  alumina,  and  salts  of  aluminium. 

17.  Antimony,  together  with  the  sulphides  and  oxides  of  antimony. 

18.  Copper,  unwTought  and  part  wrought,  and  copper  wire. 

19.  Load,  pig.  sheet,  or  pipe. 

20.  Barbed  wire,  and  implements  lor  fixing  and  cutting  the  same. 

21.  Warships,  including  boats  and  their  distinctive  component  part.s  of  surh  a  nature  that  they  can  only  be  u.sed 
on  a  vessel  of  war. 

22.  Submarine  sound  signaling  apparatus. 

23.  Aeroplanes,  airships,  balloons,  and  aircraft  of  all  kinds,  and  their  component  parts,  together  with  accessories 
and  articles  recognizable  as  intended  for  use  in  connection  with  balloons  and  aircraft. 

24.  Motor  vehicles  of  all  kinds  and  their  component  parts. 

25.  Tires  for  motor  vehicles  and  for  cycles,  together  with  articles  or  materials  especially  adapted  for  us<!  in  the 
manufacture  or  repair  of  tires. 

26.  Rubber  (including  raw,  waste,  and  reclaimed  mbber)  and  gooils  nxade  wholly  of  rubber. 

27.  Iron  pyrites. 

28.  Mineral  oils  and  motor  spirit,  except  lubricating  oils. 

29.  Implements  and  apparatus  designed  exclusively  for  the  manufacliiro  of  munitions  of  war.  fur  the  manufacture 
or  repair  of  arms,  or  war  material  lor  use  on  land  and  sea. 

SCHEDULE   II. 

1.  Foodstuffs. 

2.  Forage  and  feeding  stuffs  for  animals. 

3.  Clothing,  fabrics  for  clotliing,  and  boots  and  shoes  suitable  for  use  in  war. 

4.  Gold  and  silver  in  coin  or  bullion;  paper  money. 

5.  Vehicles  of  all  kinds,  other  than  motor  vehicles,  available  for  use  in  war,  and  their  component  parts. 

6.  Vessels,  craft,  and  boats  of  all  kinds;  floating  docks,  parts  of  dock.'',  and  their  component  parts. 

7.  Railway  materials,  both  fixed  and  rolling  stock,  and  materials  fur  telegraph.-',  wireless  telegraphs,  and 
telephones. 


16  CONTRABAND   (IF    WAK. 

8.  Fuel,  other  than  mineral  nih.     Luhrii;int.-'. 

9.  Powder  and  cxI)l^l^'iv<'^  not  siH-cially  prepared  for  use  in  war. 

10.  Ilorseshixvs  and  shoeincr  materials. 

11.  Harness  and  saddlery. 

12.  Hide.s   of  all   kinds,  dry   di'   wet;    pi},'jskins,  raw   or   dre-s-sed;   leather,  nndrea^cd   or   dressed,   .suitable   for 
eaddlery,  harness,  or  military  boot,-. 

13.  Field  glasses,  telescopes,  ehrononicters.  and  all  kinds  of  nautical  iiistrunients. 

Given  at  our  court  at  Buckingham    Palace,    this   Twenty-third  day  of  December,    iu   the   year   of   our    l.oril 
one  thousand  nine  hundred  and  fourteen,  etc..  etc. 


File  No.  7G3.72112/618. 

Consul  General  ISkinncr  to  the  Secretanj  of  State. 
[Teleirram.] 

Amkric'ax  Consulate  General, 

London,  January  16,  1915. 
Official  announcement  made  l)y  British  Government  that  France  adopts  lists  of  absolute 
and  conditional  contraband  identical  with  latest  British  list. 

Skinner. 


File  No.  7G3.72112/642. 

Ambassador  11'.  //.  Page  to  the   Secretary   of  State. 
[Telegram.] 

American  Embassy, 

London,  January  22,  1915. 
British  Government  now  informs  me  that  the  heading  "Copper  unwrought"  was  intended 
to  include  all  copper  in  such  form  as  to  render  it  usable  for  manufacturing  purposes.  Tliis 
description  being  vague,  the  former  heading  will  be  changed  in  new  lists  to  read  "Copper 
unwrought  and  part  wrought  and  copper  wire."  This  is  intended  to  include  copper  sheets, 
circles,  slabs,  bars,  pipes,  ingots,  scrap,  rods,  plates,  solid  drawTi,  tubes,  etc.,  and  all  grades 
of  copper  wire.  The  word  copper  is  deemed  to  include  alloys  in  which  copper  is  tlie  main 
ingredient. 

Page. 


File  No.  703.72112/823. 

Consul  General  Skinner  to  the  Secretary  of  State. 
[Telegram.] 

American  Consulate  General, 

London,  March  9,  1915. 
British  Government  announces  that:  "All  cotton  for  which  contracts  of  sale  and  freight 
engagements  had  already  been  made  before  March  2,  to  be  allowed  free  or  bought  at  contract 
price  if  stopped  provided  the  ship  sails  not  later  than  March  3 1 ;  similar  treatment  to  be  ac- 
corded to  all  cotton  insured  before  March  2,  provided  the  cotton  is  put  on  board  not  later  than 
March  16.  X)l  sliipmeuts  of  cotton  claiming  the  above  protection  to  be  declared  before  sailing 
and  documents  produced  to  and  certificates  obtained  from  consular  officers  or  other  authority 

fixed  b}'  the  Government." 

Skinner. 


File  No.  7()3. 7211 2/835. 

The  British  Ambassador  to  the  Secretary  of  State. 

British  Embassy, 

Washington,  March   10,  1915. 
The  British  Aml)assador  presents  liis  compliments  to  the  Secretary  of  State,  and  has  the 
honor  to  transmit  herewith  twenty  copies  of  a  hst  enumerating  certain  oils  and  substances 
included  under  the  heading  "Lubricants"  in  the  British  list  of  articles  to  be  treated  as  con- 
ditional contraband. 

Cecil  Spring  Kice. 


CONTBABAXD   OF   WAB.  17 

[Inclosure] 

OILS  AMI  SUBSTANCES  LN'CLUDEK  IXUER  THE  HEADIN'<;  LUBRICANTS  IX  THK   IlKITISH  LIST  OK  AHTICLE8  TO  BE  TREATED 

AS  CONDITIONAL  CONTRABAND. 

I.  Priniipal  oils  \iso(l  as  liiliricants: 

TalldW  oil. 

Lard  oil. 

Neat'i^-foot  oil  (iiiduiliiii;  .slipop's  foot  oil,  liorse'.-i  fool  oil,  and  fatly  liono  oili. 

Olive  oil. 

Rape  oil  (including  Colza  oil.  I'a^-isson  oil,  or  Ulark  Sea  rape  oil,  ami  Jaml>a  oil). 

Castor  oil . 

Particularly  for  fim-  inechanisms — 

Ilazolnut  oil. 

Ben  oil. 

Porpoise  oil  i  iiichidiiii,;  liofly  oil  ami  jaw  oil). 

Dolphin  oil  c.r  blackli.sh  oil  (including  Ijody  oil  and  jaw  oili. 

Sperm  oil. 

Arctic  sjK'rm  oil. 
Whale  oil. 
Kosin  oil. 

II.  Solid  lubri<-ants: 

1.  Graphite  (in<ludini,'  natural  graphite,  artificial  graphite,  Atcheson'3  graphite,  colloidal  graphite,  defloccu- 

lated  graphite.  "Oildag,"  "Aquadag,"  or  "Waterdag"). 

2.  Mineral  jellies. 

3.  Tallow  (includini;  mutton-tallow,  beef-tallow  and  goat-and-buck-tallow  1. 

4.  All  unctuous  bodies  wliich  do  not  flow  (or  flow  extremely  slowly)  at  ordinarj-  temperatures  containing: 

a.  Tallow  mixed  with  any  other  oil,  fat,  or  mineral  jelly. 

b.  Any  oil,  fat,  or  mineral  jelly  containing  aluminum  soap,  lead  soap,  lime  soap,  or  rosin  soap. 

c.  Commercial  forms  of  lead  soap,  lime  soap,  and  aluminium  soap. 

d.  Any  oil,  fat,  or  mineral  jelly  containing  water  and  an  alkali,  or  containing  potash  or  soda  soap  (but 

not  including  '.superfatted  soaps  '  of  various  kinds  1. 

5.  Rosin  greases  or  rosin  soaps. 

Aluminium  soaj)  in  oleaginous  solution  is  also  known  as  "oil-pulp,"  "tliickener,"  "gelatin,"  and    "\'iscom." 


rile  Xo.  763.72112/9-19. 

Ambassador  W.  II.  Pege  io  the  Secretary  of  State. 

No.  1061.]  American-  Embassy, 

London,  March  10,  1015. 
Sir  :  In  accordance  with  the  instructions  of  the  department,  and  conlirmjug  my  cablegram 
No.  1780  of  the  13tli  instant,  I  have  the  honor  to  transmit  liorowith  copies,  in  duplicate,  of  a 
proclamation  adding  to  the  list  of  articles  to  he  treated  as  contraband  of  war.  (hited  March 
11,  1915. 

I  have,  etc., 

Walter  Hines  Page. 


PROCLAMATION . 

March  11,  191o. 
Adding  to  the  List  of  Articles  to  be  Treated  as  Contraband  of  War. 

George  R,  I. 

Whereas  on  the  twenty-third  day  of  December,  1914,  we  did  issue  our  royal  proclamation  specifj-ing  the  articles 
"which  it  was  our  intention  to  treat  as  contraband  during  the  continuance  of  hostilities  or  until  we  did  give  further 
public  notice,  and 

Whereas  it  is  expedient  to  make  certain  additions  to  the  lists  contained  in  the  said  proclamation: 

Now,  therefore,  we  do  hereby  declare,  by  and  with  the  advice  of  our  i>ri\y  council,  that  during  the  continuance 
of  the  war  or  until  we  do  give  further  pubUc  notice  the  following  articles  will  bo  treated  as  absolute  contraband  in 
addition  to  those  set  out  in  our  royal  proclamation  aforementioned: 

Raw  wool,  wool  tops  and  noils  and  woolen  and  worsted  yarns. 

Tin,  chloride  of  tin,  tin  ore. 

Castor  oil. 

Paradin  wax. 

Copper  iodide. 

Lubricants. 

Hides  of  cattle,  buffaloe:;,  and  horses;  skins  of  calves,  pijs,  sheep,  goats,  and  de»^r;  leather,  undressed  or  dressed, 
suitable  for  saddlerj-,  harno.s,-:,  military  boots,  or  military  clothing. 

Ammonia  and  its  salts  whether  simple  or  compound;  ammonia  liquor,  urea,  aniline,  and  their  com]X)unds. 


18  CONTRABAND    OF    WAR. 

And  we  do  hereby  declare  Ihat  tlio  following  aitkles  will  lie  treated  xo  <-ouditional  contraband  in  addi- 
tion to  those  set  out  in  our  royal  proclamation  aforementioned: 

Tanning  substances  of  all  kinds  (including  extracts  for  u.-^e  in  tanning). 

And  we  do  hereby  further  declare  that  the  terms  "foodstuffs"  and  "feeding  stnll's  for  animals''  m  the  list 
of  conditional  contraband  contained  in  our  royal  proclamation  aforementioned  shall  be  deemed  to  include  oleagi- 
nous seeds,  nuts  and  kernels;  animal  and  vegetable  oils  and  fats  (other  than  linseed  oil)  suitable  for  use  in  the 
manufacture  of  margarine;  and  cakes  and  meals  made  from  oleaginous  seeds,  mils  and  kernels. 

Given  at  our  court  at  Ruckingham  Palace,  this  eleventh  day  of  March,  in  llie  year  of  our  Lord  one  thousand 
nine  hundred  and  fifteen,  ett'.,  etc. 


File  No.  763.72112/925. 

Tlif  ]lr')t'is!i  Aiiiliaxsdddf  to  thf  Stcrdari/  of  f^ fair. 

BiuTi.sH  Embassy, 
W(isJii)}(jtov,  March  2fi,  1915. 

^fv  De.^r  Mr.  Secretary:  I  l)og  to  uoknowledgc  the  receipt  of  yo\iv  informal  letter  of 
March  20th  in  wliicli  yon  are  good  enough  to  submit  certain  observations  on  th(^  British  contra- 
band Ust. 

I  have  not  in  my  possession  any  further  information  than  that  wliicli  I  Iiave  communicated 
to  3'ou,  but  I  expect  before  long  to  receive  a  uniform  printed  list  as  revised  up  to  date  and  I 
shall  take  pleasure  in  sending  you  a  copy  so  soon  as  it  arrives. 

In  the  list  sent  to  3'ou  on  March  10  which  reached  me  by  post  tlic  term  "castor  oil"  was 
mentioned  under  the  heading  of  "Principal  oils  used  as  lubricants,"  which  were  at  that  time 
treated  as  conditional  contraband.  According  to  the  telegram,  of  which  a  copy  was  sent  to 
3-011  on  March  13,  "lubricants"  were  transferred  to  the  list  of  absolute  contraband  and  castor  oil 
was  mentioned  separatelj-.  Apart  from  tliis  and  in  the  absence  of  information  to  the  contrary 
I  understand  that  the  memorandum  interpreting  the  term  "lubricants"  formerly  listed  as  con- 
ditional contraband  is  to  be  considered  as  still  interpreting  this  term  as  listed  under  absolute 
contraband. 

The  materials  enumerated  in  Articles  11  and  12  of  the  conditional  contraband  list  appear, 
as  you  suggest,  to  have  been  transferred  to  the  absolute  list,  but  I  am  unable  at  the  present 
moment  to  state  definitely  that  this  is  so. 

I  am  taking  steps  to  obtain  a  clear  ruling  on  these  points. 

I  am,  etc.,  Cecil  Sprixo  Rice. 


File  Xo.  763.72112/100:^. 

The  British  Ainhassador  to  the  Secretan/  of  Stutr. 

British  Embassy, 

WdsJiingfoii,  April  10,  1915. 

My  Dear  Mr.  Secretary*:  With  further  reference  to  your  letter  of  the  20th  of  March  I  am 
informed  that  tho  mterprctation  of  lubricants  now  absolute  contraband  is  as  follows: 

Mineral.  Including  mineral  oils,  jellies  or  greases  of  all  kinds,  pure  or  compounded; 
graphite,  natural  or  artificial; 

Vegetable.  Including  vegetable  lubricating  oils  and  fats  of  all  kinds,  and  resm  greases, 
and  their  mixtures; 

Animal.  Including  all  anmial  oils  and  fats  for  use  as  lubricants,  and  their  mixtures; 

Fish.  Including  whale  oil  (train,  blubber,  sperm),  seal  or  sliark  oil,  and  fish  oil  generally; 

Mixtures  or  compoimds  of  any  of  the  foregoing. 

It  will  be  observed  that  the  above  definition  covers  all  the  articles  mentioned  in  the  earlier 
list  of  lubricants  sent  to  your  Department  on  March  10  and  that  it  is  even  more  comprehensive 
inasmuch  as  it  includes  mixtures  and  compounds  of  these  articles. 

The  whole  of  the  "hides"  heading  (Article  12)  in  tho  conditional  list  of  December  23, 
1914,  may  be  regarded  as  transferred  to  the  list  of  absolute  contraband.  Harness  and  saddlery 
(Article  11)  remain  conditional  contraband  unless  it  falls  witliin  .Vrticle  10  of  the  absolute  list 
of  December  23. 

I  am,  etc. 

Cecii.  Sprim;   Rick. 


COXTEABAXD    OF    WAR.  19 

FRENCH  CONTRABAND. 


File  .\'().  70:',. 72112/120. 

Ambassador  Herrick  to  the  Secretani  of  Staff. 

[Telejiram — Extract .  | 

American-  Embassy, 

Panti,  September  3,  1914. 
The  lists  of  absolute  und  conditional  contraband  notified  In-  publication  in  the  Journal 
Officiel  of  11th  August,  11114,  are  substituted  for  those  contained  in  artich-s  22  and  24  of  the 
declaration.     Notices  ])ubli.shed  in  the  Journal  Officiel  shall  eventually  make  known  any  new 
additions  or  modifications  to  said  lists.  • 

Hekrick. 


J()UHX.\I,    OFFICIEL. 

Aufni-^tll,  1014. 

The  Government  of  the  Republic  advises  those  wliom  it  may  concern  that,  pending  hostilities,  it  will  regard  as 
•contraband,  the  follo-wino;  articles,  viz: 

ABSOHTTE   CONTBABANU. 

(1)  Arms  of  ever)-  kind,  including  hunting  pieces  and  detached  component  i)arts  thereof. 

(2)  Projectiles,  cannon  cartridges,  and  cartridges  of  every  kind  and  detached  component  jiarts  thereof. 

(3)  Powders  and  explosi\es  especially  adapted  for  use  in  war. 

(4)  Gun  caniages,  ammunition  wagons,  forecarriage.*,  vans,  field  forges,  and  detached  component  parts  thereof.  ; 

(5)  Distinctive  articles  of  military  dotliing  and  equipment. 
(G)  All  kinds  of  distinctively  inilitarj-  harness. 

(7)  Sa(.ldle,  draught,  and  ])ack  animals  capable  of  being  used  in  war. 

(8)  Camping  material  and  detached  distinctive  parts  thereof. 
(9j  Armor  jjlate. 

(10)  Warships  and  war  craft  and  detached  parts  thereof,  distinctively  recognizable  as  fit  for  use  on  warships  only. 

(11)  Implements  and  machinery  exclusively  intended  for  the  manufacture  of  war  munitions,  for  the  manufacture 
and  repair  of  arms  and  of  military  material,  for  use  on  land  or  sea. 

(12)  Aerostats  and  aeronautic  appliances,  detached  constituent  parts  thereof,  as  well  as  accessories,  articles  and 
materials  specifically  adapted  to  aerostation  or  aWation. 

CONDITIONAL   CONTRAB.\ND. 

(1)  Victuals. 

(2)  Fod<lor  and  grain,  suitable  as  animal  footl. 

(3)  Clotliing  and  material  therefor,  footwear  suitable  for  military  use. 

(4)  Gold  and  silver  coin  and  bullion;  paper  representing  money. 

(5)  Veliicles  of  every  sort,  adapted  to  war  uses,  also  detached  parts  thereof. 

(G)  Ships,  boats,  and  small  craft  of  every  kind,  floating  docks,  parts  of  dry  docks,  as  well  as  detached  i>arts  thereof. 

(7)  Railway  material,  stationary  or  roUing  stock;  telegraph,  wireless,  and  telephone  material. 

(8)  Fuel,  lubricants. 

(9)  Powders  and  exjdosives  not  especially  designed  for  warfare. 

(10)  Barbed  wire,  as  well  as  the  tools  suitable  for  stringing  or  cutting  it. 
(U)  Horseshoes  and  farriery  material. 

(12)  narnes,sing  and  saddlery  articles. 

(13)  Field  glasses,  telescope.*,  chronometers,  and  the  various  nautical  instruments. 


File  No.  7G3.72ir2/19G. 

Ambassador  Ihrncl-  to  the  Secretari/  of  State. 
[Telegram.] 

American  Embassy, 

Paris,  October  20,  1914- 
French  Government  has  added  following  articles  to  list  of  conditional  contraband  of  war: 
1,  iron  and  steel,  as  well  as  the  oxides,  sulphides,  and  carbonates  of  iron;  2,  copper;  3,  lead: 
4,  nickel;  5,  chrome  iron;  6,  glycerhie;  7,  hides;  S,  pneumatic  and  solid  tires  for  automobiles, 
as  well  as  the  materials  used  in  their  manufactiu-e. 

Herrick. 


20  CONTRABAND   OF    WAR. 

File  No.  7()3.721 12/422. 

Ambassador  Ihrrick  to  the  Secretary  of  State. 

[Extract.] 

No.  757.]  Amekicax  E.mba.s.sy, 

Paris,  November  IS,  191  J,. 

Sir:  I  have  tlio  lioiior  to  iiiflos(^  Itorcwith  in  copy  and  translation  the  decree  of  November 
6,  iyi4,  modifying  and  amplifying  the  decree  of  August  25,  1914,  relating  to  absolute  and 
conditional  contral)an(l  of  war.  This  decree  was  telegraphed  to  the  (h-partment  in  my  No. 
263  of  the  9th  instant  with  certain  unimportant  omissions. 

I  have,  etc.,  Myron  T.  Herrick. 

•  [Inclosiirc  — TransLuion.) 


The  President  of  the  French  Repuhlic,  acting  on  the  report  of  the  president  of  the  council,  of  (he  minister 
for  foreign  affairs,  and  of  the  niiiusters  of  war,  navy,  and  colonies,  in  view  of  the  decree  of  August  20,  101-1, 

Decrees: 

Art.  1.  The  declaration  signed  in  London  the  20  Kebruiiry,  1909,  concerning  the  law  nf  naval  warfare,  .-.hall 
be  applied  during  the  present  war,  subject  to  the  following  additions  and  amendments: 

1. 

The  following  articles  shall  be  con.sidered  as  absolute  CdUtraiiand: 

1.  Arms  of  all  kinds,  including  arms  for  sporting  purposes,  and  their  distinctive  component  iiarts. 

2.  Projectiles,  charges,  and  cartridges  of  all  kinds  and  their  ilistinctivo  component  ]iarlS. 

3.  Powder  and  explosives  specially  prepared  for  u.se  in  war. 
•1.  Sulphuric  a<'id. 

5.  Gun  mountings,  linilicr  boxes,  limbers,  military  wagons,  (ield  forges,  and  their  distincli-\-e  con)])onent 
parts, 

<).  Telemeters  and  their  distinctive  com])onent  parts. 

7.  Clothing  and  equipment  of  all  kinds  of  a  distinctively  military  character. 

8.  Saddle,  draft,  and  pack  animals  suitable  for  use  in  war. 

9.  All  kinds  of  harness  of  a  diKtincti^•ely  military  character. 

10.  .Articles  of  camp  equipment  and  their  distinctive  component  part.s. 
U.  Armor  plate. 

12.  Hematite  iron  ore  au<l  pig  iron. 

13.  Iron  p_\Tites. 

14.  Nickel  ore  and  nickel. 

15.  Chrome  iron. 

16.  Raw  copper. 

17.  Lead  in  ingots,  sheets,  or  piping. 

18.  Aluminum. 

19.  Ferrosilicate. 

20.  P)arbe<l  wire  and  instruments  used  for  fixing  an<l  cutting  the  same. 

21.  Warships,  including  boats  and  their  distinctive  component  jiarts  of  such  a  nature  that  tlicy  can  only  be  used 
on  a  vessel  of  war. 

22.  Aeroplanes,  aerostats,  oalloons,  and  airships  of  all  kinds  and  their  distinctive  com]>()n<'nt  ]xirts,  also 
accessories,  articles,  and  supplies  of  such  a  nature  that  they  can  only  be  used  for  air  na\iaatiiin  nr  a\iatioii. 

23.  Automobiles  of  all  kinds  and  their  component  parts. 

24.  Pneumatic  tires,  rubber. 

25.  Mineral  and  motor  oils,  exclusive  of  lubricating  oils. 

2(j.  Implements  and  apparatus  designed  e.xclusively  for  the  manufacture  of  nnmitiuns  uf  war,  frir  llii; 
manufacture  or  rejjair  of  arms  or  war  material  for  use  cm  laud  or  sea. 

II. 

The  following  articles  shall  be  con.sidered  as  conditional  contraband: 

1.  Foodstuffs. 

2.  Forage  and  giain  suitable  for  leading  animals. 

3.  Clothing,  fabrics  for  clothing  and  bfiots  and  shoes  suitable  for  use  in  war, 
•1.  Gold  and  silver  in  coin  or  bullion:  pa]ier  money. 

5.  ^'ehicle^  of  all  kinds  other  than  automobiles  and  suitable  for  use  in  war,  and  their  component  ])arts. 
G.  Vessels,  craft,  and  boats  of  all  kinds;  floating  docks  and  their  parts. 

7.  Railway  material,  both  fixed  and  n.lling  stock,  and  material  for  telegraphs,  wireles.-i  telcgra])hs,  and 
telephones. 

8.  Fuel,  other  tlian  mineral  oil;   hdiricants. 

9.  Powder  and  explosives  not  specially  prepared  for  uso  in  war. 

10.  Sulphur. 

11.  Glycerin. 

12.  Horseshoes  and  shoeing  materials. 


COXTRABAXD   OF    WAR.  21 

13.  Harness  and  saJdlery. 

14.  Hides  of  all  kinds,  dried  or  fresh,  pigskin  raw  or  manufactnred,  loathor  inanulartiirml  or  not  suitable  for 
making  saddles,  harness,  and  l)oota  for  military  use. 

15.  Field  glasses,  telescopes,  chronometers  and  all  kinds  of  nautical  instruments. 

III. 

A  neutral  vessel  whose  ship's  papers  indicate  a  neutral  destination  and  which  in  spite  of  her  neutral  destina- 
tion enters  an  enemy's  port,  becomes  liable  to  capture  and  confiscation  if  she  is  encoiintere<l  before  having  complete'l 

)ier  subsequent  voyage. 

IV. 

The  destination  referred  to  in  .\rticlo  .33  of  the  Declaration  of  London  apart  from  the  j>reBiimptions  covered  by 
article  34  is  presumed  to  exist  if  the  merchandise  is  consigned  to  or  for  an  agent  in  tlie  enemy  country. 


Notwithstanding  the  provisions  of  Article  3.5  of  the  Declaration  of  London,  conditional  contraband  is  liable  to 
capture  if  found  on  l)oard  a  ship  bound  for  a  neutral  port,  when  the  merchandise  is  consigned  to  order  or  when 
the  ship's  papers  do  not  specify  a  consignee  in  the  territory  belonging  to  or  occupied  by  the  enemy.  In  the 
aliove-mentioned  case  it  is  incumbent  u|)on  the  owners  of  the  merchandise  to  pro^•e  that  the  defitination 
waa  innocent. 

VI. 

When  it  shall  be  proved  to  the  Government  of  the  Republic  that  an  enemy's  Government  derives  from  a 
neutral  country,  or  by  transit  through  a  neutral  country,  provisions  for  its  arme<l  forces,  necessary  measures  shall 
Ix;  taken  to  the  end  that  article  35  of  the  Declaration  of  London  shall  not  apply  to  ships  bound  for  such 
neutral  country.  Such  measure  shall  1)0  published  in  the  Journal  Officiel  and  .-sliall  remain  in  force  until  rc8cin<led; 
during  which  period  ships  transporting  conrlitional  contraband  to  a  port  of  said  neutral  country  Bhall  not  be  exempt 
from  capture. 

.\rt.  2.  Notices  shall  lie  published  from  time  to  time  in  the  .Journal  Officiel  rojardiiig  any  new  additions  or 
amendments  to  the  list  of  articles  of  contraband  specified  in  the  present  decree. 
.\rt.  3.  Decree  of  -August  25,  1914,  is  cancelled. 

.\rt.  4.  The  Ministers  for  Foreign  .\ffairs,  Marine,  and  Colonies  are  dircdcd  to  carry  out  the  i>resent  decree,  in 
:*)  far  as  their  respective  departments  an^  concerned. 
BoHi>E.\u.x.  November  6.  lf)li. 

(Signcl;  K.  Poixcark. 

Tlie  Presiilent  cif  the  ('aliinet; 

(Signe<l)  Kkxe  Viviam. 

The  Minister  for  I'orei'^'u  Affairs: 

(..Signed;  Deix^assk. 

Till-  Minister  of  War: 

(Signefl)  A.  Miilerand. 

Tlie  Minister  of  Marine  jier  interim: 

(Signed)  Rexk  Viviaxi. 

Tlie  Minister  of  Colonies: 

(Signed)  Gastox  Doi:merolk. 


Kile  No,  763,72112/570. 

Consul  General  Thackara  to  tlie  Secretary  of  State. 

[Telegram — Paraphrase ,  ] 

American"  Consulate  General, 

Paris,  January  J^,  191'). 
Mr.  Thackara  stales  that  by  lU-cri-o  of  .laimarv  2,    l!)l.5,  addition.^  are  made  to  coiitra- 
haiid  list. 


('rraiislatiori.] 

.Tounial  (lllici   1,     .laiiiiary  3.  1<I15.      PaL'e  23. 

Ministry  of  Foreign  ASairs — Announcement  Relative  to  War  Contraband. 

Conformably  with  the  iiro\H8ion8  of  article  2  of  the  <Iecree  of  November  0.  1914,  relative  to  the  application  during 
the  course  of  the  present  war  of  tlie  rules  of  international  nuiritime  law,  notice  is  given  that  the  war  contraband  li.«ts 
e-tablished  by  the  said  decree  of  November  (J.  1914.  are  superseded  by  the  following  lists: 
97666°— 15 4 


22  COXTRABAXD   Of    WAR. 

I.    ABSOLUTE   CONTRABAND. 

1.  Weapons  of  every  kind,  including  liunting  and  sporting  arms,  as  well  as  detached  distinctive  parts  tliereof ; 

2.  ProjccfUes,  gun  cartridges  (charges)  and  cartridges  of  every  sort  and  their  detached  recognizable  parts; 

3.  Powders  and  explosives  especially  designed  for  war; 

4.  The  raw  materials  of  explosives,  viz:  nitric  acid,  sulphuric  acid,  glycerine,  acetone,  acetate  of  calcium  and  all 
other  metallic  acetates,  sulphur,  nitrate  of  potassium,  and  products  of  the  distillation  of  tar,  from  benzol  to  cresol 
inclusive,  aniline,  methylaniline,  dimethylanilirie,  perchlorate  of  ammonium,  perchlorate  of  sodium,  chloiate  of 
sodium,  cUorate  of  barium,  nitrate  of  ammonium,  cyanamide,  chlorate  of  potaaaium,  nitrate  of  calcium,  mercurj'. 

5.  Resinous  products,  camphor  and  thercbeutlune  (oil  and  essence). 

6.  Gun  carriages,  ammunition  wagons,  \'ans,  field  forges  and  their  detached  distinctive  parts. 

7.  Telemeters  and  their  detached  distinctive  parts. 

8.  Distinctive  articles  of  military  clotliing  and  equipment  of  evorj'  kind. 

9.  Saddle,  draft,  and  pack  animals  suitable  for  use  in  war. 

10.  All  kinds  of  militan.'  harness  of  a  distinctively  military''  character. 

11.  Articles  of  camp  equipment  and  detached  component  parts  thereof. 

12.  Armor  plate. 

13.  Iron  alloys,  including  ferrotungsten,  ferromolybdeuum,  ferromanganese,  ferrovanadium,  ferrochrome. 

14.  The  following  metals:  Tungsten,  molybdenum,  vanadium,  nickel,  selenium,  cobalt,  hematite,  pig  iron, 
manganese. 

15.  The  following  ores:  Wolframite,  scheelite,  molybdenite,  ores  of  manganese,  nickel,  hematite  (iron)  zinc, 
lead,  bauxite. 

16.  Aluminum,  alumina  and  alumina  salts. 

17.  Antimony,  also  the  .^ilphites  and  oxides  of  antimony. 

18.  Unwrought  or  partly  wrought  copper,  and  copper  wire. 

19.  Lead  in  ingots,  slieet,  or  pipe. 

20.  Barbed  wire  and  tools  used  for  stringing  or  cutting  same. 

21.  Warships,  including  small  boats  and  their  detached  component  parts,  specifically  adapted  for  use  on  war 
vessels  only. 

22.  Submarine  phonic  signaling  appliances. 

23.  All  kinds  of  aeroplanes,  aerostats,  balloons  and  airalujjs,  their  detached  parts,  as  well  as  accessories,  articles 
and  materials  recognizable  as  intended  lor  use  in  aerostation  or  aviation. 

24.  All  kinds  of  automobiles,  and  detached  parts  thereof. 

2.5.  Air  pumps  and  bandages  for  automobiles  and  bicycles  as  well  as  the  articles  and  materials  especially  adapted 
for  use  in  their  manufacture  or  repair. 

26.  Rubber  (inclusive  of  crude,  scrap,  and  remanufacturedj  as  well  as  articles  wholly  composed  of  rubber. 

27.  Iron  pyrites. 

28.  Mineral  oils  and  motor  essences. 

29.  Implementsandapparatusexchisivelyintendedfor  the  manufacture  of  war  munitions,  the  manufacture  or 
repair  of  arms  or  of  war  material  for  use  on  land  or  sea. 

II.    CONDITIONAL  CONTRABAND. 

1.  Victuals. 

2.  Fodder  and  any  material  fit  as  animal  feed. 

3.  Wearing  apparel,  fabrics  for  clothing,  footwear  suitable  for  militarj'  use. 

4.  Gold  and  siher,  coined  or  in  ingots,  paper  representing  money. 

5.  Vehicles  of  everj'  kind,  other  than  automobiles  and  available  for  use  in  war  as  ".fell  as  detached  parts  thereof. 

6.  Vessels,  boats  and  small  craft  of  ever}'  sort,  floating  docks,  parts  of  drj'-docks,  as  well  as  detached  parts  thereof. 

7.  Railway  material — both  fixed  and  rolling-stock — and  telegraph,  wireless,  and  telephone  material. 

8.  Fuel,  other  than  mineral  oils;  also  lubricants. 

9.  Powders  and  explosives  not  especially  prepared  for  use  in  war. 

10.  Horsealioes  and  farrier>'  materials. 

11.  Harness  and  saddler.'. 

12.  All  kinds  of  skins,  dried  or  raw,  pigskins,  dressed  or  undressed;  liides,  prepared  or  unprepared;  suitable  for 
the  manufacture  of  saddles,  harness,  or  boots  for  military  use. 

13.  Field  glasses,  telescopes,  chronometers,  and  divers  nautical  instruments. 


File  No.  763.72112/579. 

Ambassador  Sharp  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 

Paris,  January  5,  1915. 
British  Embassy  informs  mc  that  British  and  French  hsts  of  contraband  now  correspond 
absolutely. 

Sharp. 


CONTKABAXD   OF   WAR.  23 

File  Xo.  763.72112/954. 

Ambassador  SJiarp  to  the  Secretary  of  State. 

No.  322.]  American  Embassy, 

Paris,  March  16,  1915. 
Sir:  I  have  the  honor  to  transmit  herewith  a  copy  and  translation  of  the  notification  of 
March  12,  by  which  a  number  of  articles  were  added  to  tlie  list  of  contraband  of  war  or  trans- 
ferred from  the  conditional  to  the  absolute  class. 

The  substance  of  this  notification  was  telegraphed  ou  March  12,  191.5. 
I  have,  etc., 

W.M.  G.  Sharp. 


[Inclosure— Translation .) 

Notification  Relative  to  Contraband  of  War. 

In  accordance  with  the  provisions  of  article  2  of  the  decree  of  Xovembtir  0,  1914  notice  is  jijiven  that  the  following 
adtlitions  and  modifications  are  applied  to  the  lists  of  articles  of  contraband  of  war  published  in  the  Journal  Officiel 
of  2-3  Januarj',  1915: 

I.    ABSOLUTE   CONTRABAND. 

The  following  articles  are  added  to  the  list  of  absolute  contraband  or  henceforth  classed  as  such: 

30.  Raw  wool,  wool  combed  or  carded,  yams  of  wool  combed  or  carded,  wool  waste. 

31.  Tin  chloride  of  tin  and  tin  ore. 

32.  Castor  oil. 

33.  Parafiine  wax. 

34.  Iodic  copper. 

35.  Lubricating  substances  formerly  classed  in  paragraph  8  of  the  list  of  conditional  contraband. 

36.  The  hides  of  cattle,  buffaloes,  and  horses,  hides  of  calves,  pigs,  .^heep,  goats,  and  deer,  leather  manufactured 
or  not  suitable  for  making  saddles,  harness,  boots,  or  clothes  for  military  use  (formerly  in  paragraph  12  of  the  list  of 
conditional  contraband,  which  is  omitted  and  replaced  by  13). 

37.  Ammonia  and  its  salts,  simple  or  compound,  li(iuid  ammonia,  urea,  aniline,  and  their  compounds. 

11.    CONDITIONAL   CONTRABAND. 

Are  added : 

13.  Tanning  materials  of  all  kinds  (inclnding  extracts  used  for  tanning). 

It  is  also  specified  that  the  terms  foodstuffs  and  forage  and  grain  suitable  for  feeding  animals  used  in  articles  1 
and  2  of  the  list  of  conditional  contraband  include  oleaginous  seeds,  ntits  and  almonds,  animal  and  vegetable  oila 
;ind  greases  used  in  the  manufacture  of  margarine  (excepting  linseed  oil);  also  cakes  and  meals  made  from  oleaginous 
seeds,  nuts,  and  almonds. 


RUSSIAN  CONTRABAND. 

Kile  Xo.  763.72112/902. 

Charge  Wilson  to  the  Secretary  of  State. 

Xo.  70.]  American  Embassy, 

Petrograd,  February  26,  1915. 
Sir:  Referring  to  the  department's  circular  telegraphic  instruction.  No.  20,  repeated  from 
London,  I  have  the  honor  to  inclose  herewith  five  copies  of  the  Russian  prize  laws,  together 
^\^th  the  recent  modifications  thereof.  The  foreign  office  states  that  further  slight  modifica- 
tions will  shortly  be  decreed  in  order  to  make  the  Russian  law  conform  in  all  respects  to  the 
English  law. 

I  have,  etc. 

Charles  .S.  Wil.sox. 


[Inclosure  1— Translation.) 
Order  for  the,\.^vy-  .wd  for  the  Marine  Department. 

No.  ;W.  Petrograd,  September  9,  1914- 

I  hereby  proclaim,  for  enforcement  in  the  na^'y  and  in  the  marine  department,  the  imperial  edict  published  in 
the  Collection  of  Laws  and  Measures  of  the  Government  (1914,  Xo.  249,  p.  2:!52)  and  addressed  to  the  Governing  Senate 
ou  September  1  last,  together  with  the  rules  on  naval  warfare  worked  out  by  the  London  Maritime  Conference  of 
1908-9. 


24  CONTKABAXD   OF   WAi;. 

In  this  conneclioii,  in  view  of  liie  importance  of  an  exact  application  of  the  said  niles  to  practice,  I  prescribe  fur 
guidance  the  appended  explanatory  note  regarding  the  bringing  of  the  existing  regulations  on  naval  prizes  into  harmon\- 
with  said  rides. 

(Signed)  Adjiitant  General  Gmoorovich, 

Minister  of  Marine. 

I.Mri:liIAI.    DECREE. 

Applying  the  rules  of  naval  warfare  as  worked  out  by  the  London  Conference  of  1908-9,  with  some 
changes  and  additions  and  an  explanatory  note  regarding  the  bringing  of  the  regulations  on  naval 
prizes  into  harmony  with  the  rules  on  naval  warfare.     Petrograd,  1914. 

Imperial  Edict  to  the  Governing  Senate. 

Having  found  it  nece.s.sary,  in  con.^crnicnce  of  an  agreement  reached  with  the  allied  French  and  British  Govern- 
ments, to  apply,  a.s  a  temporary  measure,  the  rules  on  the  law  of  maritime  war  as  prepared  by  the  London  Maritime 
Conference  of  1908-9,  with  some  changes  and  additions,  and  having  approved  the  conclusion  of  the  Cotincil  of  Ministers 
on  this  subject,  I  order: 

That,  dtu-ing  the  present  war,  there  be  applied  in  this  connection  the  rules  on  naval  warfare  worked  out  by  the 
London  Maritime  Conference  of  1908-9,  with  the  following  changes  and  additions: 

Article  1. 

The  following  shall  be  considered  as  absolute  contraband: 

1.  All  kinds  of  weapons,  including  hunting  weai)ons,  as  well  as  their  component  parts. 

2.  Projectiles  and  cartridges  of  all  kinds,  and  component  parts  thereof. 

3.  Powder  and  explosives  specially  used  in  war. 

4.  Gun  carriages,  caissons,  limbers,  vans,  field  kitchens,  and  component  parts  lliereof. 

5.  Articles  specially  coiuiected  with  military  uniforming  and  equipment. 

6.  Specially  military  harness  of  all  kinds. 

7.  Riding,  draft,  and  pack  animals  capable  of  serving  for  war. 

8.  Articles  of  camp  equipage  and  component  parts. 

9.  Armor. 

10.  War  vessels  and  boats  and  component  parts  thereof,  not  capable,  by  their  nature,  of  being  utilized  otherwise 
than  on  a  war  ship. 

11.  Instruments  and  apparatus  exclusively  designed  for  the  preparation  of  war  stores,  for  the  manufacture  and 
repair  of  weapons  and  articles  of  military  equipment,  land  or  naval. 

12.  Airships  and  apparatus  for  aerial  navigation,  component  ]iarts  thereof,  as  well  as  appurtenances,  articles,  and 
materials  particularly  designed  for  aerial  navigation  or  flight. 

The  following  shall  be  considered  as  conditional  contraband: 

1.  Food  suppUes. 

2.  Fodder  and  grasses  fit  for  feeding  animals. 

3.  Clothing  and  fabrics  for  clothing,  as  well  as  footwear  suited  for  military  needs. 

4.  Gold  and  silver  in  coin  and  bullion;  paper  money. 

5.  Vehicles  of  all  kinds,  capable  of  serving  for  war,  as  well  as  component  parts  thereof. 

6.  .Ships,  ves.sels,  and  boats  of  all  kinds,  floating  docks,  parts  of  docks,  as  well  as  component  parts  thereof. 

7.  Railroad  equipment,  stationary  and  rolling  stock,  and  telegraph,  wireless  telegraph,  and  telephone  materials. 

8.  Fuel;  lubricants. 

9.  Powder  and  explosives  not  exclusively  used  in  war. 

10.  Barbed  wire,  as  well  as  instniments  ser\'ing  to  fasten  and  cut  it. 

11.  Horseshoes  and  blacksmith  equipment. 

12.  Harness  and  saddlery. 

13.  Field  glasses,  telescopes,  chronometers,  and  \  ariou.'^  uaN-igation  instruments. 

Article  2. 

A  neutral  vessel  wluch  has  succeeded  in  conveying  contraband  to  the  enemy  with  false  papers  may  be  seized 
tor  the  conveyance  of  such  contraband  if  encountered  before  completing  its  return  voyage. 

Article  3. 

The  destination  mentioned  in  article  33  of  the  rules  on  naval  warfare  as  elaborated  by  the  London  Maritime  Con- 
ereuce  may  be  proven  by  any  sufficient  evidence,  and  shall  be  presumed  to  exist  not  only  in  the  case  contemplated 
in  ai'ticle  34,  but  also  if  the  goods  are  consigned  to  an  agent  of  the  hostile  nation  or  for  him,  or  to  a  trader  or  other 
person  serving  the  authorities  of  the  hostile  nation,  or  for  such  trader  or  person. 

Article  4. 

The  existence  of  a  blockade  .shall  be  presumed  to  be  known: 

(a)  To  all  vesfiels  which  have  left  a  hostile  port  or  have  entered  such  a  port  during  such  a  period  following  the 
notification  of  the  local  authorities  of  the  blockade  as  may  appear  sufficient  in  order  that  the  hostile  government  may 
make  it  known. 

(6)  To  all  vessels  which  have  left  a  Russian  or  allied  j^irt  or  have  entered  such  a  port  after  the  publication  of  the 
declaration  of  the  blockade. 


CONTRABAND    OF    WAR.  25 

Article  5. 

In  modification  of  the  provisions  of  article  35  of  the  rules  of  the  London  Maritime  Conference,  conditional  con- 
iraljand  shall  be  liable  to  seizure,  provided  the  destination  mentioned  in  article  33  is  proven,  no  matter  what  port 
the  vessel  may  be  bound  for  and  no  matter  what  port  the  cargo  is  intended  to  be  discharged  in. 
The  Governing  Senate  shall  not  fail  to  take  the  proper  measures  for  the  enforcement  hereof. 
Original  signed  in  Kin  Majesty's  own  handwriting. 

Nicholas. 
Ts.\RSKOYE  Syelo,  September  l.  1914. 
Countersigned: 

State  Secretarj'  Goremtkix, 

President  of  the  Council  of  Ministers. 


(Inclosure  2— Translation.] 
ORDER   FOR   THE    NAVY   AND   FOR   THE   MARINE    DEPARTMENT. 

No.  435.]  Petrograd,  December  19,  1914. 

I  herel)y  proclaim  for  enforcement  in  the  navy  and  in  the  marine  department  the  imperial  edict  published  in 
the  Collection  of  Laws  and  Meastires  of  the  Government  (1914,  No.  347,  p.  3310)  and  addressed  to  the  Governing  Senate 
on  December  8,  superseding  articles  1-5  of  the  similar  edict  of  September  1  of  this  year  (Collection  of  Laws  No.  249. 
p  2352)  on  the  application  of  the  niles  of  naval  warfare  as  worked  out  at  the  London  Maritime  Conference  of  1908-1909. 
.Vt  the  same  lime  I  prescribe  henceforth  for  guidance  the  "Explanatory  note"  appended  to  my  order  No.  304  of 
September  9,  as  well  as  the  supplement  thereto  appearing  hereinafter. 

(Signed)  Adjutant  General  Grioorovich, 

Minister  of  Marine. 
imperial  decree. 

Imperial  edict  to  the  Governing  Senate. 

Having  found  it  necessary,  in  consequence  of  the  agreement  with  the  allied  French  and  British  Governments, 
to  amend  and  supplement  articles  1-5  of  our  edict  addressed  to  the  Governing  Senate  on  September  1  of  this  year 
u'ltllection  of  Laws,  p.  2352).  and  applying  the  rules  of  naval  warfare  as  elal)orated  at  the  London  Naval  Conference 
<if  1907-1909,  and  having  approved  the  conclusion  of  the  council  of  minisiers  on  this  subject,  we  command: 

That  articles  1-5  of  the  said  edict  be  superseded  by  the  following: 

Article  1. 

The  following  shall  l)o  considered  as  absolute  contraband: 

1.  AH  kinds  of  weapons,  including  hunting  and  sporting,  as  well  as  component  parts  thereof. 

2.  Projectiles  and  cartridges  of  all  kinds  and  their  component  parts. 

3.  Powder  and  explosives  especially  used  in  war. 

4.  Sulphuric  acid. 

5.  Gun  carriages,  caissons,  limbers,  vans,  field  kitchens,  and  component  parts. 

6.  Range  finders  and  component  parts  thereof. 

7.  All  kinds  of  articles  of  militarj-  uniforming  and  equipment . 

8.  Riding,  pack,  and  draft  animals  capable  of  use  in  war. 

9.  Military  horse  equipment  of  all  kinds. 

10.  Articles  of  camp  eqtiipage  and  comjjoncnt  parts. 

11.  Armor. 

12.  Hematite  ore  and  cast  iron  derived  from  hematite,  in  pigs. 

13.  Iron  pyrites. 

14.  Nickel  ore  and  nickel. 

15.  Chromic  iron  ore  and  chromic  ore. 

16.  Copper,  unelaborated. 

17.  Lead  in  pigs,  sheets,  and  tubes. 

18.  Aluminum. 

19.  Ferrosilicate. 

20.  Barbed  wire,  as  well  as  instruments  for  fastening  and  cutting  it. 

21.  \Var  ships  and  lioats  and  their  component  parts,  of  such  a  nature  as  not  to  bo  utilizable  otherwise  than  on  a 
war  ship. 

22.  Aeroplanes,  airships,  balloons,  and  appliances  for  aerial  navigation  of  all  kinds,  component  parts,  and  appur- 
tenances, articles,  and  materials  particularly  intended  for  aerial  navigation  or  flight. 

23.  Automobiles  of  all  kinds  and  component  parts  thereof. 

24.  Automobile  tires,  rtibber. 

25.  Mineral  oils,  benzine,  and  other  liquid  fuel  for  internal  combustion  motors,  with  the  exception  of  lubricat- 
ing oils. 

20.  Instruments  and  appliances  exclusively  intended  lor  the  preparation  of  military  stores,  for  the  manufacture 
and  repair  of  weapons  and  articles  of  military  equipment,  land  and  naval. 
The  following  shall  be  considered  as  conditional  contraband: 

1.  Food  supplies. 

2.  Fodder  and  alimentary  substances  for  animals. 

3.  Clothing  and  fabrics  for  clothing,  as  well  as  footwear,  suitable  for  military  needs. 

4.  Gold  and  silver  in  coin  and  bullion,  pajier  money. 


26  CONTRABAND   OF   WAR. 

5.  Vehicles  of  all  kinds  (except  automobiles)  capable  of  serving  in  war,  as  well  as  component  parts  thereof. 

6.  Ships,  vessels,  and  boats  of  all  kinds,  floating  docks,  parts  of  docks,  and  component  parts  thereof. 

7.  Railroad  equipment,  stationary  and  rolling  stock,  materials  for  telegraphs,  wireless  telegraphs,  and  telephones. 

8.  Fuel,  with  the  exception  of  mineral  oils,  benzine,  and  other  liquid  fuel  for  internal  combustion  motors;  lubri- 
cating oils. 

9.  Powder  and  explosives  not  exclusively  used  in  war. 

10.  Sulphur. 

11.  Glycerine. 

12.  Horseshoes  and  blacksmith  equipment. 

13.  Harness  and  saddlery. 

14.  Skins  and  leather  of  all  kinds,  raw  and  dried:  pigskin  (elaborated  or  unelalwratedV  raw  or  prepared  leather 
for  saddles,  harness,  or  military  footwear. 

15.  Field  glasses,  telescopes,  chronometers,  and  various  na^•igation  instruments. 

AnncLE  2. 

A  neutral  vessel  whose  papers  show  a  neutral  destination.  l)ut  which,  in  spite  of  the  destbiation  appearing  from 
its  papers,  proceeds  to  a  hostile  port,  shall  be  liable  to  seizure  and  confiscation  if  encountered  before  the  completion 
of  its  next  voyage. 

Article  3. 

The  destination  as  contemplated  in  article  33  of  the  rules  on  naval  war  as  prepared  by  the  London  Maritime  Con- 
ference shall  be  presumed  to  be  proven  not  only  in  the  cases  enumerated  in  article  34  of  said  rules,  but  also  in  case  the 
goods  are  consigned  to  the  agent  of  or  for  a  hostile  nation. 

Article  4. 

Contrary  to  article  35  of  the  rules  on  naval  war  as  prepared  by  the  London  \aval  Conference,  articles  of  conditional 
contraband  shall  be  liable  to  seizure  on  a  vessel  proceeding  to  a  neutral  port  if  the  goods  are  sent  "to  order"  or  if  the 
sliip's  papers  do  not  indicate  the  consignee  of  the  goods  or  indicate  a  consignee  in  the  hostile  territory  or  a  territory 
occupied  by  the  enemy. 

In  the  cases  referred  to  in  the  present  article,  the  burden  of  proof  that  the  destination  of  the  goods  was  lawful  shall 
rest  upon  the  owners  thereof. 

Article  5. 

If  the  Russian  Government  becomes  convinced  that  a  hostile  government  is  obtaining  supplies  for  its  armed  forces 
from  or  through  any  neutral  country,  it  shall  be  the  duty  of  the  marine  department,  with  the  consent  of  the  minister 
of  foreign  affairs,  to  take  the  necessary  measures  in  order  that  article  35  may  not  he  applicable  to  vessels  sailing  to 
the  porta  of  such  coiintry.  The  order  to  this  effect  shall  be  published  in  the  Collection  of  Laws  and  Measures  of  the 
Government,  and  shall  remain  in  force  until  repealed.  While  such  order  remains  in  force  a  ve8.sel  conveying  con- 
ditional contraband  to  the  ports  of  the  said  couiUry  shall  not  be  exempt  from  seizure. 

The  Governing  Senate  shall  not  fail  to  take  the  proper  measures  for  the  enforcement  hereof. 
Signed  on  the  original  in  His  Majesty's  own  handwriting: 

Nicholas. 
Ryaz.^n,  December  8,  1914- 
Countersigned : 

State  Secretary  Goremykin, 

President  of  the  Council  of  Ministers. 

(To  the  order  for  the  Navy  and  for  the  Marine  Department  of  Dec.  19, 1914,  Xo.  J35.) 

Supplement  to  the  "  Explanatory  note"  appended  to  the  order  of  the  naval  minister  of  September  9,  1914,  No.  3(M. 
Firstly.  The  general  references  in  the  introductory  part  of  the  "Explanatory  note"  to  the  imperial  edict  of  Sep- 
tember 1  of  this  year  are  supplemented  by  references  to  the  similar  edict  of  December  8  instant. 
Secondly.  The  remark  to  point  1,  Section  I.  shall  be  superseded  by  the  following: 

"A  vessel  of  neutral  nationality  whose  papers  show  a  neutral  destination,  but  wliich,  in  spite  of  the  destination 
appearing  from  its  papers,  proceeds  to  a  hostile  port,  shall  be  liable  to  detention  and  confiscation  if  encountered  before 
the  completion  of  its  next  voyage."     (Edict  Dec.  8,  art.  2:  cf.  Prav..  art.  38.) 

Thirdly.  In  the  beginning  and  in  point  3,  Section  III,  the  words  "September  1"  shall  be  superseded  by 
"Decembers." 

Fourthly.  Under  point  4,  Section  III,  the  words  "or  to  a  trader,  or  other  person,  who  is  serving  the  authorities 
of  a  hostile  nation,  or  for  such  trader  or  person." 

Fifthly.  Point  5  of  the  same  Section  III  shall  be  superseded  by  the  following: 

"  Conditional  contraband  shall  be  lialile  to  detention  and  confiscation  not  only  in  the  cases  in  which  the  seizure 
is  permitted  by  article  35  of  the  rules  worked  out  by  the  London  Maritime  Conference  of  1908-1909,  but  also  in  cases 
when  it  is  found  on  a  vessel  proceeding  to  a  neutral  port,  if  the  goods  are  sent  "to  order,"  or  if  the  ship's  papers  do 
not  indicate  any  consignee  of  the  goods,  or  if  they  indicate  a  consignee  on  hostile  territory  or  territory  occupied  by 
the  enemy." 

"In  the  cases  indicated  under  this  point  the  obligation  to  prove  that  the  destination  of  the  goods  was  lawful  shall 
rest  upon  the  owner  thereof."     (Edict  of  Dec.  8,  art.  4;  cf.  Prav.,  art.  35.) 

(Signed)  Vice  Admiral  Rusin, 

Chief  of  the  ^aval  General  Staff, 
and  Pri\-y  Councilor  I.  Steblix-Kamenski, 
Acting  Solicitor  in  the  Superior  Prize  Court, 

Solicitor  for  the  Xaval  Ministry. 


COXTRABAXD    OF    WAR.  5i  i 

GERMAN  CONTRABAND. 

File  No.  763.72112/121. 

Ambassador  Gerard  to  the  Secretary  of  State. 

[Telegram.] 

American-  Emba.ssy, 

Berlin,  September  4,  1014- 

I  repeat  ray  August  tenth  a.  m. 

The  Foreign  Office  sends  me  a  list  of  the  articles  which  the  German  Government  intends  to 
treat  as  contraband  of  war  in  pursuance  of  the  German  prize  ordinance  printed  in  Reich- 
gesetzblatt,  1914,  No.  4.  I  fuid  the  list  agrees  exactly  with  article  22,'  Nos.  1  to  11,  of  the 
Declaration  of  London,  in  respect  of  absolute  contraband  and  to  article  24,  Nos.  1  to  14,  in 
respect  of  conditional  contraband.  The  German  Government  state  that  the  ordinance 
embodies  the  substance  of  the  Declaration  and  that  they  will  apply  its  provisions  if  they  are  not 
disregarded  by  other  belligerents.  They  request  to  be  informed  what  attitude  the  other  powers 
have  a.ssumed. 

Copies  of  the  ordhiance  have  been  mailed  to  you  ami  to  the  London  Emba-ssy. 

Gerard. 


FUe  No.  763.72112/210. 

[Translation.] 

The  German  Ambassador  to  the  Secretary  of  State. 

J.  No.  A  1801.]  Imperial  Germ.\x  Embassy, 

Washington,  October  22, 1914. 
Mr.  Secretary  of  St.\te:  I  have  the  honor  to  infoma  Your  Excellency  that  the  Imperial 
Government  has  declared  copper  and  lead  to  be  conditional  contraband.     In  consequence  thereof 
I  beg  Your  Excellency  kindly  to  cause  the  foregoing  to  be  published  in  accordance  with  the 
"Declaration  of  Literuational  Naval  Conference"  of  February  26,   1909. 
Accept,  etc., 

For  the  Imperial  Ambassador: 

Haniel. 

•  AETICLE  22  OF  THE   DECLAKATIOX  OF  LOST)OX. 

The  foUovring  articles  may,  without  notice,  be  treated  as  contraband  of  war  under  the  name  o[  absolute  contraband: 

(1)  .Vrms  of  all  kinds,  including  arms  for  sporting  purposes  and  their  distinctive  component  parts. 

(2)  Projectiles,  charges,  and  cartridges  of  all  kinds,  and  their  distinctive  component  parts. 

(3)  Powder  and  e.xplosive3  specially  prepared  for  use  in  war. 

(4)  Gun  moimtings,  limber  boxes,  limbers,  military  wagons,  field  forges,  and  their  distinctive  component  parts. 
(.5)  Clothing  and  equipment  of  a  distinctively  military  character. 

(B)  .Vll  kinds  of  harness  of  a  distinctively  military  character. 
(7)  Saddle,  draft,  and  pack  animals  suitable  for  use  in  war. 

(5)  Articles  of  camp  equipment  and  their  distinctive  component  parts. 

(9)  .^rmor  plates. 

( 10)  Warships,  including  boats,  and  their  distinctive  component  part^  of  such  a  nature  that  they  can  only  b«  used  on  a  vessel  of  war. 

(11)  Implements  and  apparatus  designed  exclusively  for  the  manufacttire  of  munitions  of  war,  for  the  manufacture  or  repair  of  arms,  or  war 
material  for  use  on  land  or  sea. 

ABTICLE  24   OF  TBE   DECI.AR.VTIOS  OF  lOSDOX. 

The  following  articles,  susceptible  of  use  in  war  as  well  as  for  purposes  of  peace,  mar,  without  notice,  be  treated  as  contraband  of  war  under 
the  name  of  conditional  contraband: 

(1)  Foodstuffs. 

(2)  Forage  and  grain,  suitable  for  feeding  animals. 

(3)  Gothing,  fabrics  for  clothing,  and  boots  and  shoes,  suitable  for  use  in  war. 

(I)  Gold  and  sOver  in  coin  or  bullion;  paper  money. 

(5)  Vehicles  of  all  kinds  available  for  use  in  war,  and  their  component  parts. 

(6)  Vessels,  craft,  and  boats  of  all  kinds;  floating  docks,  parts  of  docks,  and  their  component  parts. 

(7)  Railway  material,  both  fixed  and  rolling  stock,  and  material  for  telegraphs,  wireless  telegraphs,  and  telephones. 

(S)  Balloons  and  flying  machines  and  their  distinctive  component  parts,  together  with  accessories  and  articles  recognizable  as  intended  for 
use  in  connection  with  balloons  and  flying  machines. 

(9)  Fuel;  lubricants. 

(10)  Powder  and  explosives  not  specially  prepared  for  use  in  war. 

(II)  Barbed  wire  and  implements  for  fixing  and  cutting  the  same. 

(12)  Horseshoes  and  shoeing  materials. 

( 13)  Harness  and  saddlery. 

(U)  Field  glasses,  telescopes,  chronometers,  and  all  kinds  of  nautical  instruments. 


1 


28  CONTRABAND    OF    WAR. 

File  No.  763.72112/403. 

Ambassador  Gerard  to  (lie  Secretary  of  State. 

[Telegram.] 

American  Embassy, 

Berlin,  Novemher  19,  1914. 
Nineteenth.     Proclainiitiou  of  Xovoraber  17th  defiues  all  rough  or  uiiworkecl  lumber  as 
conditional  contraband  under  number  nine  or  article  twenty-three  of  German  prize  ordinance 
because  susceptible  of  use  as  fuel.     Exceptions  are  lignum  vitje,  palisander,  ebony,  and  similar 
woods  and  all  woods  greatly  enhanced  in  value  through  working  by  hand  or  machine. 

Gerard. 


Kle  No.  763.72112/410. 

AnihattKudor  Gerard  to  ilie  Secretary  of  State. 

[Tclo»i-ain.] 

American  Embassy, 

Birlui,  Xovemher  23,  1914. 
German  Government  has  achl(>d  following  to  list  of  conditional  contraband: 
No.  17.     Woods  of  all  kinds,  rough  or  worked,  that  is  hewn,  sawed,  planed,  grooved,  etc.; 
cylinder  tar. 

No.  18.     Sulphur,  crude  or  refined,  and  sulphuric  acid. 

Gerard. 


File  No.  763.72112/475. 

Ambassador  Gerard  to  the  Secretary  of  State. 

No.  280.]  American  Embassy, 

Berlin,  November  23,  1914. 
Sir:  I  have  the  honor  to  transmit  to  j^ou  herewith  translations  of  two  notes  received  from 
the  imperial  foreign  office  conveying  notification  of  acUlitions  to  the  original  lists  of  articles 
regarded  as  contraband  by  the  German  Government,  which,  as  reported  in  my  telegram  of 
August  10,  1  p.  m.,  corresponchnl  iu  all  respects  with  articles  22  and  24  of  the  Declaration  of 
London. 

I  have,  etc. 

James  W.  Gerard. 


[Inclosiire  1 — TraiislaLion.] 

Foreign  Office.     No,  llla. 17064— 81116. 

NOTE    VERB.\LE, 

In  supplement  to  its  note  verbale  of  August  6,  1914.  II la. 9222,  the  foreign  offit-e  lias  the  honoi  to  inform  the 
embassy  of  the  United  States  of  America  that  during  the  present  hostilities  the  fc  llowing  materials  will  be  consideied 
as  conditional  contraliand  liy  Germany  in  aiUlition  to  the  articles  and  materials  designated  under  No,  11.  1-14: 

15.  Copper  (unworked)  and 

16.  Lead  in  blocks,  plates  or  tubes. 

The  foreign  office  begs  that  the  embassy  if  the  t'nited  Stales  of  .Vnierica  will  kimlly  iufurm  its  Oovernmeiil  of 
the  above  as  soon  as  ijossible. 
Berlin,  October  .';.',  l'J14. 


|liK-losure  2— 'rraitilalion,) 
Fcreign  Office,     No,  Ilia,  19785— 92997. 


NOTE    VERB.\LE. 


In  supplement  to  its  notes  verbales  of  August  6,  1914,  and  October  22,  1914.  Ilia, 9222  and  17064,  the  foreign 
office  has  the  honor  to  inform  the  embassy  of  the  United  States  of  America  that  during  the  i)resent  hostilities  the 
following  will  be  considered  by  Germany  as  <(inditional  contralrand  in  addition  to  the  articles  and  materials  desig- 
nated under  11,  1-16: 

17,  Woods  of  all  kinds,  rough  or  treated  (in  particular  hewn,  sawed,  i)laned.  grooved),  charcoal  cylindci-  tar, 

18.  Sulphur,  crude  or  refined,  sulphuric  acid. 

The  foreign  office  begs  that  the  embassy  will  kindly  notify  its  Go\ernment  of  the  almve  as  soon  a.s  possible, 
Berlin,  November  2S,  1914. 


COXTB.VBASD   OF   WAE.  29 

File  No.  763.72112/529. 

Ambassador  Gerard  to  the  Secretary  of  State. 

No.  307.]  American  EsrBASST, 

Berlin,  December  3,  1914- 
Sir:  With  reference  to  m}'  dispatch  No.  280,  dated  November  23,  1914,  I  have  the  honor 
to  transmit  to  you  herewith  a  copy,  in  translation,  of  a  note  received  from  the  imperial  German 
foreign  office,  dated  NovemV^er  30,  1914,  in  reply  to  an  inquiry  addressed  by  me  to  the  foreign 
office  to  ascertain  whether  Germany  regards  quebracho  wood  in  logs  as  contraband  of  war.  It 
appears  from  the  note  of  the  foreign  office  that  quebracho  wood  is  held  by  the  German  Govern- 
ment to  fall  under  the  order  of  the  imperial  chancellor  of  November  23,  1914,  and  to  be  con- 
sidered as  conditional  contraband. 
I  have,  etc. 

James  W.  Gerard. 


(Inclosure— Translation.) 
Foreign  Office.    IIIa.19627— 95869. 

NOTE   TERBALE. 

The  foreign  office  has  the  honor  to  inform  the  embassy  of  the  United  States  of  America,  in  reply  to  the  note  verbale 
of  the  20th  instant  (F.  O.  No.  1165),  that  quebracho  wood  Ls  not  to  be  considered  as  fuel  within  the  meaning  of  article 
23,  No.  9,  of  the  German  prize  ordinance,  nor  to  be  deemed  contraband  for  this  reason. 

However,  by  an  order  of  the  imperial  chancellor,  dated  November  23,  1914,  Reichs-Gesetzblatt,  page  481,  all 
kinds  of  woods  have  been  expressly  declared  to  be  conditional  contraband,  and  quebracho  wood  in  logs  is  included  in 
such  declaration. 

Berlin,  November  30,  1914. 


File  No.  763.72112/528. 

Ambassador  Gerard  to  the  Secretary  of  Slate. 

No.  312.]  American  Embassy, 

Berlin,  December  8,  1914- 
Sir:  With  reference  to  the  department's  cable,  No.  749,  of  December  3,  1914,  and  to  my 
dispatch.  No.  280,  of  November  23,  1914,  I  have  the  honor  to  transmit  to  you  herewith  three 
copies  of  the  Reichs-Gesetzblatt,  1914,  No.  101,  containing  the  proclamation  of  the  German 
Government  relative  to  the  treatment  of  wood,  cylinder  tar,  sulphur,  and  sulphuric  acid  as 
conditional  contraband. 
I  have,  etc. 

James  W.  Gerard. 


[Inclosure— Translation.] 
Reichs-Gesetzblatt.    Year  1914.    No.  101. 

(No.  4549.)  Addition  to  the  prize  ordinance  of  September  30,  1909  (Reichs-Gesetzblatt,  1914,  p.  275),  of  Novem- 
ber 23,  1914. 

I  hereby  prescribe  in  addition  to  the  ordinance  of  October  18,  1914  (Reichs-Gesetzblatt,  p.  441),  that  in  the  prize 
list  of  September  30,  1909,  under  the  numeral  23,  the  following  two  further  numbers  be  subjoined: 

17.  Woods  of  everj-  kind,  in  tlie  rough  or  manufactured  (especially  also  cut,  sawn,  planed,  grooved),  wood-tar. 

18.  Sulphur,  raw  or  refined,  sulphuric  acid. 
Berlin,  November  23,  1914. 

Vice  Imperial  Chancellor,  DELBRfJCK. 


File  No.  763.72112/577. 

Ambassador  Gerard  to  the  Secretary  of  State. 

No.  340.]  American  Embassy, 

Berlin,  December  15,  1914. 
Sm:  With  reference  to  my  telegram  of  even  date,  I  have  the  honor  to  transmit  to  you  here- 
with five  copies  of  a  proclamation  of  the  German  Government,  dated  December  14,  1914,  declar- 
ing aluminum  and  nickel  to  be  conditional  contraband.     A  translation  of  the  proclamation  is 
likewise  appended. 
I  have,  etc. 

James  W.  Gerard. 

97666°— 15 5 


30  CONTBABAND   OF    WAR. 

[Inclosure  1— Translation.) 

Reichsgesetzblatt,  1914.    No.  112. 

Supplemeyit  to  the  prize  ordinance  of  September  SO,  1909.     {Reichsgesetzblatt,  1914,  page  275.) 

In  supplement  to  the  order  of  November  23,  1914  (Reichsgesetzblatt,  page  481),  I  hereby  order  that  the  following 
two  numbers  shall  be  added  to  article  23  of  the  prize  ordinance  of  September  30,  1909; 

19.  Aluminum. 

20.  Nickel. 

Berlin,  December  14,  1914. 
Vice  the  Imperial  Chancellor, 

(Signed)  Delbeijck. 


[Inclosure  2— Translation.) 

Foreign  Office.    Ill  a.21548— 101928.] 

,  NOTE    VEHBALE. 

The  Foreign  Office  has  the  honor  to  inform  the  Embassy  of  the  United  States  of  America,  in  supplement  to  the 
notes  verbale  of  August  G,  October  22,  and  November  23, 1914,  Nos.  Ilia  9222, 170C4,  and  19785  that  during  the  present 
hostilities  the  following  articles  will  be  considered  aa  conditional  contraband  by  Germany,  in  addition  to  those  recited 
in  the  notes  verbale  mentioned,  Nos.  1-18: 

19.  Aluminum. 

20.  Nickel. 

The  Foreign  Office  begs  that  the  Embassy  would  be  good  enough  to  inform  its  Government  of  the  above  as  soon  as 
possible. 

Berlin,  December  14,  1914. 


File  No.  763.72112/1102. 

Ambassador  Gerard  to  the  Secretary  of  State. 

No.  896.]  American  Embassy, 

Berlin,  Afrll  26,  1915. 
Sir:  With  reference  to  my  telegram  No.  2097,  dated  April  21,  1915,  I  have  the  honor  to 
transmit  to  you  herewith  five  copies  of  Reichsgesetzblatt,   1915,  No.   49,   with  translation, 
contaming    the   modifications    and    amendments   of    the   German   prize    ordinance    recently 
promulgated. 

I  have,  etc., 

James  W.  Gerard. 


[Translation.) 

Reichsgesetzblatt  1915.     No.  49. 

Ordinance  relative  to  amendments  of  the  prize  ordinance  of  September  SO,  1909. 

In  retaliation  of  the  regulations  adopted  by  England  and  her  allies,  deviating  from  the  London  declaration  of 
maritime  law  of  February  26,  1909,  I  approve  of  the  following  amendments  of  the  prize  ordinance  of  September  30, 
1909,  and  of  its  supplements,  dated  October  18,  November  23,  and  December  14,  1914,  for  the  period  of  the  present 
war. 

Articles  21,  23,  27,  33,  35,  40,  and  the  additions  to  Article  23  shall  be  replaced  by  the  following  provisions: 
Article  21.  The  following  articles  and  materials,  designated  absolute  contraband,  shall  be  considered  contraband 
of  war: 

1.  Arms  of  all  kinds,  including  arms  for  sporting  purposes,  and  their  distinctive  component  parts. 

2.  Projectiles,  charges,  and  cartridges  of  all  kinds,  and  their  distinctive  component  parts. 

3.  Powder  and  explosives  of  all  kinds. 

4.  Cannon  barrels,  gun  mountings,  limber  boxes,  limbers,  field  kitchens  and  bakeries,   supply  wagons,   field 
forges,  searchlights  and  searchlight  accessories,  and  their  distinctive  component  parts. 

5.  Range  finders  and  their  distinctive  component  parts. 

6.  Field  glasses,  telescopes,  chronometers,  and  all  kinds  of  nautical  instruments. 

7.  Clothing  and  equipment  of  a  distinctively  military  character. 

8.  Saddle,  draft,  and  pack  animals  suitable  for  use  in  war. 

9.  All  lands  of  harness  of  a  distinctively  military  character. 

10.  Articles  of  camp  equipment  and  their  distinctive  component  parts. 

11.  Armor  plates. 

12.  Lead,  pig,  sheet,  or  pipe. 

13.  Barbed  wire,  and  implements  for  fixing  and  cutting  the  same. 

14.  Tinplate. 

15.  Warships,  including  boats  and  their  distinctive  component  parts  of  such  a  nature  that  they  can  only  be  used 
on  a  vessel  of  war;  ship  j)lates  and  construction  steel. 

16.  Submarine  sound  signaling  apparatus. 

17.  Aeroplanes,  airships,  balloons,  and  aircraft  of  all  kinds,  and  their  distinctive  component  parts,  together  with 
accessories,  articles  and  materials,  recognizable  as  intended  for  use  in  connection  with  balloons  and  aircraft. 


CONTEABAXD   OF   WAR.  31 

18.  Implements  and  devices  designed  exclusively  for  tlie  manufacture  and  repair  of  arms  and  munitionB  of  war. 

19.  Lathes  of  all  kinds. 

20.  Mining  lumber. 

21.  Coal  and  coke. 

22.  Flax. 

Article  23.  The  following  articles  and  materials  suitable  for  warlike  as  well  as  for  peaceful  purpoees,  coming 
under  the  designation  of  conditional  contraband,  shall  be  considered  as  contraband  of  W9r: 

1.  Foodstuffs. 

2.  Forage  and  all  kinds  of  foeiiing  stuffs. 

3.  Clothing,  fabrics  for  clothing,  and  boots  and  shoes,  suitable  for  use  in  war. 

4.  Wool  from  animals,  raw  or  dressed,  together  with  woolen  carded  yams,  and  worsted  yarns. 

5.  Gold  and  silver,  in  coin  or  bullion;  paper  money. 

6.  Veliicles  of  all  kinds,  especially  all  motor  vehicles  available  for  use  in  war,  and  their  component  parts. 

7.  Rubber  tires  for  motor  vehicles,  together  with  all  articles  or  materials  especially  used  in  the  manufacture  or 
repair  of  rubber  tires. 

8.  Rubber  and  gutta-percha,  together  with  goods  made  thereof. 

9.  Railway  materials,  both  fixed  and  rolling  stock,  and  materials  for  telegraphs,  wireless  telegraphs,  and  telephonea. 

10.  Fuel,  excepting  coal  and  coke;  lubricants. 

11.  Sulphur,  sulphuric  acid,  nitric  acid. 

12.  Horseshoes  and  shoeing  materials. 

13.  The  following  ores:  Wolframite,  scheeUte,  molybdenite,  nickel  ore,  chrome  ore,  haematite  iron  ore,  manganese 
ore,  lead  ore. 

14.  The  following  metals:  Wolfram,  molybdenum,  vanadium,  nickel,  selenium,  cobalt,  hsematite  pig  iron,  man- 
gane.se,  aluminium,  copper. 

15.  Antimony,  together  with  the  sulpliides  and  oxides  of  antimony. 

16.  Ferro  alloys,  including  ferrowolfram,  ferromolybdenum,  ferromanganese,  ferrovanadium,  ferrochrome. 

17.  Harness  and  saddlery. 

18.  Leather,  treated  and  untreated,  when  suitable  for  saddlery,  hame&s,  military  boots  or  military  clothing. 

19.  Tanning  materials  of  all  kind.s,  including  extracts  used  in  tanning. 

20.  All  kinds  of  lumber,  rough  or  treated,  especially  hewn,  sawed,  planed,  fluted,  excepting  mining  lumber 
tar  of  charcoal. 

21.  Vessels,  craft,  and  boats  of  all  kinds,  floating  docks,  parts  of  docks,  and  their  component  parts. 
The  following  articles  can  not  be  declared  contraband  of  war: 

1.  Raw  cotton,  raw  silk,  raw  jute,  raw  hemp. 

2.  Resin,  lacks,  hops. 

3.  Raw  skins,  horns,  bones,  and  ivory. 

4.  Natural  and  artificial  fertilizers. 

5.  Earth,  clay,  lime,  chalk;  stones,  including  marble;  bricks,  slates,  and  roofing  tiles. 

6.  Porcelain  and  glass. 

7.  Paper,  and  the  materials  prepared  for  its  manufacture. 

8.  Soap;  paints,  including  the  materials  exclusively  used  for  their  manufacture,  and  varnish. 

9.  Chloride  of  lime,  soda,  caustic  soda,  sulphate  of  soda  in  cakes,  ammonia,  sulphate  of  ammonia,  and  copper 
sulphate. 

10.  Machines  for  agriculture,  for  mining,  for  the  textile  industry,  and  for  printing. 

11.  Precious  stones,  fine  stones,  pearls,  mother-of-pearl,  and  corals. 

12.  Clocks,  standing  clocks  and  watches,  excepting  chronometers. 

13.  Fasliion  and  fancy  goods. 

14.  Feathers  of  all  kinds,  hair  and  bristles. 

15.  Furniture  and  decorative  articles,  office  furniture  and  requirements. 

Article  33.  In  the  absence  of  conditions  to  the  contrary,  the  hostile  destination  referred  to  in  article  32  is  to  be 
presumed  when  (A)  the  goods  are  consigned  to  an  enemy  authority  or  the  agent  of  such  or  to  a  dealer  shown  to  have 
supplied  articles  of  the  kind  in  question  or  products  thereof  to  the  armed  forces  or  the  administrative  authorities  of  the 
enemy  state;  (B)  the  goods  are  consigned  to  order  or  the  ship's  papers  do  not  show  who  is  the  consignee  or  the  goods  are 
consigned  to  a  person  in  territory  belonging  to  or  occupied  by  the  enemy;  (C)  the  goods  are  destined  for  an  armed 
place  of  the  enemy  or  a  place  serving  as  a  base  of  operations  or  supplies  to  the  armed  forces  of  the  enemy. 

Merchant  vessels  themselves  are  not  to  be  considered  as  destined  for  the  armed  forces  or  the  administrative 
authorities  of  the  enemy  solely  for  the  reason  that  they  are  found  en  route  to  one  of  the  places  referred  to  under 
letter  C. 

Article  35.  Articles  of  conditional  contraband  are  liable  to  seizure  only  on  a  vessel  en  route  to  territory  belonging 
to  or  occupied  by  the  enemy  or  to  the  armed  forces  of  the  enemy,  and  such  vessel  is  not  intended  to  unload  these  articles 
in  an  intermediate  neutral  port — that  is  to  say,  in  a  port  at  which  the  vessel  is  to  call  previous  to  reaching  the  ultimate 
destination  designated. 

Tliis  paragraph  shall  not  apply  if  the  conditions  provided  in  article  33,  letter  B,  are  present  or  if  the  vessel  is 
bound  for  a  neutral  country  with  regard  to  wliich  it  is  shown  that  the  enemy  government  draws  articles  of  the  kind 
in  question  from  that  countrj'. 

Article  40.  A  vessel  can  not  be  captured  on  the  ground  of  an  already  completed  voyage  carrying  contraband.  If, 
however,  the  vessel  carried  contraband  to  the  enemy  contrary  to  the  indications  of  the  ship's  papers,  it  shall  be  liable 
to  capture  and  condemnation  until  the  end  of  the  war. 

This  ordinance  shall  take  effect  the  day  of  its  promulgation. 

Chief  Headquarters,  April  1^  1915. 

[l.  s.]  (Signed)  Wilhelm. 

v.  TlRPITZ 


32  CONTRABAND  OF   WAR. 

AUSTRO-HUNGARIAN  CONTRABAND. 

File  No.  763.72112/124. 

Ambassador  Penfield  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 

Vienna,  September  7,  19H. 
Austro-Hungarian   Government    flesires  British  Government  be  notified   that  they  will 
treat  as  absolute  or  conditional  contraband  those  objects  and  material  which  arc  enumerated 
in  Articles  twenty-two  and  twenty-four  of  Declaration  of  London.' 

Penfield. 


File  No.  763.72112/624. 

Ambassador  Penfield  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 

Vienna,  January  15,  1915. 
Austro-Hungarian  Government  declares,  under  date  of  14th  uistant,  following  objects 
conditional  contraband  in  addition  to  list  enumerated  Article  24,  Declaration  of  London,  as 
follows : 

Copper  in  rough,  lead  in  blocks,  plates  or  tubes,  wood  of  every  kind,  rough  or  worked,  specially  designed,  sawn, 
planed,  or  grooved  wood,  tar,  sulphur,  rough  or  refined,  sulphuric  acid,  aluminum,  nickel. 

Penfield. 


File  No.  763.72112/710. 

Ambassador  Penfield  to  the  Secretary  of  State. 

No.  299.]  American  Embassy, 

Vienna,  January  18, 1915. 
Sir:  I  have  the  honor  to  transmit  herewith  inclosed,  for  the  mformation  of  the  depart- 
ment, copy,  with  translation,  of  a  communication  from  the  Austro-Hungarian  IMLnistry  of 
Foreign  Affairs,  dated  the  14th  uistant,  enumerating  a  list,  as  reported  in  my  telegram  No. 
428  of  the  15th  instant,  of  conditional  contraband  oj  war  in  addition  to  those  enumerated  in 
Article  24  of  the  Declaration  of  London  of  February  26th,  1909. 
I  have,  etc., 

Frederic  C.  Penfield. 


[Inclosure — Translation.) 
MINISTRY   OF  THE    I.   AND   R.    HOUSEUOLD   AND   OP   FOREIGN   AFFAIRS. 
2,989 

1915 

7 

Vienna,  January  14,  1915. 

NOTE    VERBALE. 

The  Imperial  and  Royal  Ministry  of  Foreign  Affairs  has  the  honor  to  announce  that  the  following  articles 
will  in  future  be  considered  conditional  contraband  of  war  by  the  Imperial  and  Royal  naval  forces  pursu- 
ant to  the  Declaration  of  London  of  February  26,  1909,  in  addition  to  the  objects  and  the  materials  enumerated  in 
article  24  of  the  said  declaration: 

(1)  Copper  in  rough. 

(2)  Lead  in  blocks,  plates,  or  tubes. 

(3)  Wood  of  every  kind,  rough  or  worked,  specially  designed,  eawn,  planed,  or  grooved;  wood  tar. 

(4)  Sulphur,  rough  or  refined;  sulphuric  acid. 

(5)  Aluminum. 

(6)  Nickel. 

The  Embassy  of  the  United  States  of  America  is  requested  to  be  good  enough  to  communicate  this  notification 
to  its  Government  with  the  utmost  dispatch. 

1  See  Part  II,  p.  27. 


CONTRABAXD   OF   WAR.  33 

TURKISH  CONTRABAND. 


File  No.  763,72112/613. 

Ambassador  Morgenthau  to  the  Secretary  of  State. 

No.  154.]  American'  Embassy, 

Constantino'ple ,  December  18,  1914- 
Sir:  In  reply  to  the  Department's  telegraphic  instruction  No.  132  of  the  10th  instant, 
and  referring  to  my  telegram  of  the  16th  instant,  I  have  the  honor  to  transmit  herewith,  in 
duplicate  and  with  translation,  a  note  of  the  1.5th  instant  from  the  Sublime  Porte,  communi- 
cating the  lists  of  things  which  the  Ottoman  Government  has  declared  to  be  absolute  or  condi- 
tional contraband  of  war  during  the  present  hostilities. 
I  have,  etc., 

H.  Morgenthau. 

[Inclosure — Translation.] 

Sublime  Porte,  Ministry  for  Foreign  Affairs, 

December  15,  1914. 
58636.     142. 

circular — NOTE    VERBALE. 

The  Ministry  for  Foreign  Affairs  has  the  honor  to  transmit  herewith  to  the  Embassj-  of  the  I'nitcd  States  of  America 
the  list  gi'ving  the  objects  which  the  Imperial  Ottoman  Government  has  decided  to  consider  as  absolute  and  conditional 
contraband  of  war  during  the  hostilities  now  existing. 

The  Imiierial  Ministry  requests  the  Embassy  of  tlie  United  States  to  kindly  give  this  communication  the  attention 
it  requires. 

To  the  Emb.^ssy  of  the  United  States  or  AuEnirA. 


[Subinclosure — Translation.] 
LIST   OF  THE    OBJECTS   CONSIDERED  AS   CONTRABAND   OF    WAR   BY  THE   OTTOMAN   GOVERNMENT. 


The  following  objects  and  materials  are  considered  as  absolute  contraband  of  war: 

1.  Firearms  of  all  kinds,  light  and  heavy,  including  arms  for  sporting  purposes;  side  arms;  their  component 
parts  of  all  sorts. 

2.  Projectiles,  cartridges,  and  charges  of  all  kinds;  torpedoes  and  all  component  parts,  simple  or  compound, 
connected  with  them. 

3.  Powder  of  all  kinds  and  all  oth^r  explosives  and  detonating  substances  used  in  war,  such  as  saltpeter,  sulphur, 
sulphate  of  potassium,  potassium  compounds,  and  all  other  similar  chemical  substances  necessary  for  their  manufac- 
ture. 

4.  Powder  and  explosive  chemical  products  of  all  kinds,  not  specially  prepared  for  use  in  war. 

5.  Gun  mountings  and  limber  boxes  or  their  component  parts,  their  wheels  and  naves,  limbers,  ammunition  and 
transport  wagons,  in  general,  field  forges,  ammunition  chests,  vehicles  for  use  in  transporting  hea^^  weights,  auto- 
mobile trucks,  motors  suitable  for  use  in  the  service  of  the  army  or  of  the  marine,  all  kinds  of  similar  means  of  trans- 
portation and  their  component  parts,  simple  or  compound ;  all  oils  and  greases  used  in  artillery  and  in  the  other  branches 
of  the  service. 

6.  Pontoons  and  all  instruments  and  material  for  the  setting  up  of  bridges;  means  of  water  transportation  and  all 
building  wood. 

7.  All  kinds  of  machines  moved  by  steam,  petroleum,  benzine,  and  electricity,  as  well  as  their  component  parts, 
simple  or  comijound;  acetylene  or  electric  projectors;  lamps,  heliostats,  heliographs,  and  all  electrical  apparatus. 

8.  Clothing  and  equipment,  fabrics  and  boots  and  shoes  of  a  distinctively  militarj-  character. 

9.  Military  harness  and  saddles,  headstalls  for  beasts  of  burden,  articles  of  saddlery,  saddler)-  material  suitable 
for  harnessing,  military  ovens  and  kitchens,  tents  of  every  kind  and  their  accessories,  equipment  suitable  for  use  in 
the  army  and  military  material. 

10.  Material  and  all  instruments,  articles,  and  component  objects,  simple  or  compound,  which  can  be  utilized 
in  fortifying  a  position  to  sen-e  as  a  camp. 

11.  War  vessels,  including  boats,  objects  and  material  which  can  only  be  used  on  vessels  and  boats  of  this  catepon,', 
floating  docks  and  component  parts,  simple  or  compound,  cranes  for  use  in  ra-sing  heavy  weights,  as  well  as  all  kinds 
of  machines  serving  this  purpose,  motor  boats,  boats,  pontoons  (tanks  or  for  transport),  all  machines  suitable  for  the 
manufacture  and  repair  of  arms  and  of  army  and  navy  equipment;  workshops  and  their  component  parts,  simple  or 
compound. 

12.  Baloons,  aviation  apparatus,  air  ships  and  their  component  parts,  simple  or  compound. 

13.  Saddle,  draft,  and  pack  animals. 

14.  Armor  plates,  lead,  sheet  iron,  platinum,  copper  plates,  iron  elbows,  iron  bars,  screws,  iron,  zinc,  tin  plates 
and  rods,  wood  of  all  kinds. 

15.  Coal. 


34  CONTKABAXD    OF    WAK. 

n. 

Are  considered  as  conditional  contraband  of  war: 

1.  Foodstuffs  of  all  kinds,  including  wines. 

2.  Forage  and  grain  suitable  for  feeding  animals,  and  abo  cereals. 

3.  Books  concerning  military  service  on  land  and  sea,  particularly  books  and  pictures  relating  to  ordnance. 

4.  Gold  and  silver  in  coin  or  bullion  and  paper  money. 

5.  Railway  material,  both  fixed  and  rolling  slock;  the  various  instruments  and  materials  of  D^cauville  railways, 
as  well  as  automobiles  for  hire,  bicycles,  and  motor  cycles. 

6.  Apparatus  and  material  for  telegraphs,  wireless  telegraphs,  telephones,  and  cables. 

7.  Clothing  of  all  kinds,  fabrics  for  clothing,  and  boots  and  shoes. 

8.  Horseshoes,  all  shoeing  instniments,  objects  and  material. 

9.  Barbed  wire,  as  well  as  instruments  and  material  for  setting  up,  fixing,  stretching,  or  cutting  the  same. 

10.  Fuel  oU  (pacura),  naphtha,  benzine,  petroleum,  and  similar  substances  which  might  be  utilized  as  fuel  in 
the  place  of  coal. 

11.  Field  glasses,  telescopes,  the  various  instniments  used  in  determining  distances,  maps,  chronometers,  the 
various  apparatus  and  instruments  of  naval  observation  and  topographical  apparatus  and  instruments. 


File  No.  763-72112/499. 

Ambassador  Morgenthau  to  the  Secretary  of  State. 
[Telegram.] 

Aherican  Embassy, 
Constantinople,  Deceniber  22,  1914,  8  a.  m. 
Ottoman  Government  contraband  declaration  included,  in  addition  to  things  mentioned  in 
articles  22  and  24,  Declaration  of  London,  following  as  absolute  contraband: 

Pontoons,  bridge  materials,  aU  machine  projectors,  lamps,  all  electric  apparatus,  military 
kitchens,  tents  and  accessories,  cranes,  floating  docks,  motor  boats,  lead,  sheet  iron,  platinum, 
iron  bars,  copper  plates,  screws,  iron,  zinc,  tin  plates  and  rods,  wood,  coal,  and  anything  men- 
tioned in  third,  fifth,  eighth,  and  tenth  sections,  article  24,  Declaration  of  London. 
As  conditional  contraband : 

Wines,  cereals,  military  and  naval  books,  pictures,  charts,  DecauviUe  railway  material, 
automobiles,  bicycles,  motor  cycles,  apparatus  and  material  for  cables. 

Morgenthau. 


File  No.  763.72112/637. 

Ambassador  Morgenthau  to  the  Secretary  of  State. 

No.  161.]  American  Embassy, 

Constantinople,  December  24,  1914. 
Sir:  Referring  to  my  despatch  No.  154  of  the  18th  instant  and  to  my  telegram  No.  206  of 
to-day's  date  communicating  the  lists  of  articles  declared  to  be  contraband  of  war  by  the 
Ottoman  Government,  I  have  the  honor  to  inclose  herewith  copy  and  translation  of  a  note  of 
yesterday's  date  from  the  Subhme  Porte  giving  an  additional  list  of  articles  considered  as 
conditional  contraband,  which  formed  the  subject  of  my  telegram  mentioned  above. 
I  have,  etc. 

H.  Morgenthau. 


[Inclosure — Translation.) 

Sublime  Porte,  Minlstry  for  Foreign  Affairs, 

December  ZS,  1914. 
58992.     1.50. 

circular — NOTE   VERBALE. 

In  continuation  of  its  circular  note  verbale  dated  December  15,  1914,  No.  58636/142,  the  Ministry  for  Foreign 
Affairs  has  the  honor  to  inform  the  Embassy  of  the  United  States  of  America  that  the  Imperial  Government  has 
decided  to  add  to  list  No.  II  attached  thereto,  giving  the  objects  considered  as  conditional  contraband  of  war: 

1.  Crude  copper. 

2.  Lead — pig,  plates,  and  pipes. 

3.  Glycerine. 

4.  Ferrochrome. 

5.  Hematite. 

6.  Magnetic  iron  ore. 

7.  Rubber. 

8.  Leather  and  raw  or  partially  tanned  skins  (not  including  dressed  skins). 

The  embassy  of  the  Republic  is  requested  to  give  the  above  information  to  interested  parties. 


CONTBABAXD   OF   WAR.  35 

File  No.  763.72112/717. 

Ambassador  Morgenthau  to  the  Secretary  of  State. 

No.  170.]  Ajiericax  Emba.s.st, 

Constantinople,  January  5,  1915. 
Sm:  Referring  to  my  despatches  No.  154  of  December  18th  and  No.  161  of  December  24th 
last,  in  wliich  I  transmitted  the  lists  of  articles  declared  to  be  contraband  of  war  by  the  Ottoman 
Government,  I  have  the  honor  to  inclose  herewith  a  copy  and  translation  of  a  note  from  the 
Sublime  Porte  suppressing  the  words  "potassium  compounds"  in  the  previous  list  and  replacmg 
them  by  the  words  "muriate  of  potassium." 
I  have,  etc., 

H.  Morgenthau. 


[Inclosure — Trooslation.) 

Sublime  Porte,  Ministry  for  Foheiot  Afpaiks, 

January  4,  1915. 
59453.    3. 

NOTE   VERBALE — CIRCULAR. 

Roforring  to  its  circular  note  verbale  dated  December  15,  1914,  No.  58636/142,  the  Ministry  for  Foreign  Affairs 
has  the  honor  to  inform  the  Embassy  of  the  United  States  of  America  that  the  Imperial  Goveniment  has  decided  to 

suppress  the  words  "potassium  compounds"  appearing  in  No.  3  of  the  first  section  of  the  accompanying  list which 

concerns  the  objects  and  materials  which  are  absolute  contraband  of  war — and  to  replace  them  by  the  words  "muriate 
of  potassium." 

■^Tiile  reserving  the  right  to  inform  it  later  of  any  now  modifications  wliich  might  be  made  in  the  said  list,  the 
Imperial  Ministry  has  the  honor  to  request  the  Embassy  of  the  Republic  to  inform  interested  parties  of  the  present  com- 
munication for  such  attention  as  it  requires. 


File  No.  763.72112/990. 

Ambassador  Morgenthau  to  the  Secretary  of  State. 

No.  243.]  American  Embassy, 

Constantinople,  March  12,  191.5. 
Sm:  I  have  the  honor  to  enclose  herewith  copy  and  translation  from  "La  Turquie,"  dated 
March  4,  1915,  showing  list  of  objects  considered  as  contraband  of  war  by  the  Ottoman  Govern- 
ment. 

I  have,  etc, 

H.  MORGANTHAU. 


[Inclosure— Translation— From  "La  Turquie."] 

Constantinople,  March  4,  1915. 

CONTRABAND   OF  WAR. 

List  of  objects  considered  as  contraband  of  war  by  the  Ottoman  Government.    The  following  objects  and  materials 
are  considered  as  absolute  contraband  of  war: 

1.  Firearms  of  all  kinds,  light  and  heavy,  including  hunting  guns;  side  arms;  their  detached  pieces  of  every  kind. 

2.  Projectiles,  cartridges,  and  cannon  cartridges  of  every  kind;  torpedoes  and  all  pieces  relative  thereto,  detached 
simple  or  composed. 


^  CONTRABAND   OF    WAB. 

3.  Powder  of  every  kind  and  all  kinds  of  explosives  and  exploding  materials  used  in  war;  as  well  as  saltpeter, 
dulpbur,  sulphatic  potassium,  muriate  potassium  and  all  other  similar  chemical  materials  necessarj'  to  their  fabrication. 

4.  Powders  and  the  chemical  explosive  products  of  every  kind  not  particularly  meant  for  war. 

5.  Gun  carriages,  ammunition  wagons  and  their  detached  pieces,  their  wheels  and  naves,  fore  carriages,  munition 
tracks,  and  of  transfer  in  general,  campaign  forges,  cases  of  munitions;  vehicles  for  the  tran.sporting  of  heavy  burdens, 
automobile  trucks,  motors  utilisable  for  the  service  of  the  army  and  the  fleet,  every  kind  of  similar  transport  and  their 
detached  pieces  simple  or  composed,  all  oils  and  greases  used  in  the  artillery  and  in  the  other  ser\-ice8. 

6.  Pontoons  and  all  instruments  and  materials  used  for  the  making  of  ]iontoons.  all  wood  for  construction. 

7.  Every  kind  of  machine  worked  by  steam,  by  petroleum,  by  benzine  and  electricity  as  well  as  their  detached 
pieces  simple  or  composed;  lamps,  heliostals,  heliograph  and  all  electrical  apparatus. 

8.  Clothing  and  equipment,  stuff  and  military  shoes. 

9.  Harnesses  and  military  saddles,  bridles  for  beasts  of  burden,  articles  of  saddlery  used  for  harnesses,  ovens  and 
militarj'  kitchens,  tents  of  every  kind  and  their  accessories,  equipments  necessary  for  the  army's  use,  and  military 
materials. 

10.  Material  and  all  instruments,  articles,  and  objects  detached,  simple  or  composed,  which  can  be  used  to  fortify 
a  position  or  used  for  the  ser\-ice  of  a  camp. 

11.  Warships  and  boats,  objects  and  materials  used  only  on  ships  and  boats  of  this  category',  floating  docks  and 
their  detached  pieces,  simple  or  comjiosed,  the  machines  used  for  raising  hea\y  loads  as  well  as  every  kind  of  machine 
for  such  purposes,  small  motor  boats,  small  boats,  pontoons  (tanks  or  of  transport),  every  machine  used  for  the  fabrica- 
tion or  the  preparation  of  arms  and  of  equipments  of  the  army  and  of  the  fleet,  workshops  and  their  detached  parts, 
eimple  or  composed. 

12.  Balloons,  aviation  materials,  airships,  and  their  parts,  detached,  simple  or  composed. 

13.  Saddle,  draught,  and  pack  animals. 

14.  Iron,  lead,  sheet  iron,  sheets  of  leather,  iron  angles,  iron  bars,  screws,  zinc,  tin,  and  wood  of  every  kind. 

15.  Oil. 

The  following  are  considered  as  conditional  contraband  of  war: 

1.  Foodstuffs,  including  wine. 

2.  Grain  used  for  the  nourishment  of  animals,  as  well  as  cereals. 

3.  Books  concerning  the  military  and  naval  ser\dces,  especially  the  books  and  pictures  relative  to  ordnance. 

4.  Gold  and  silver  in  coin  or  in  bullion  and  papers  representing  money. 

5.  Railway  material,  fixed  or  movable,  instruments  and  various  Decau\'ille  railroad  materials,  as  well  as  auto- 
mobiles, bicycles,  and  motorcycles. 

6.  Materials  for  telegraphs,  vrireless,  and  telephones,  and  cables. 

7.  Clothing  of  every  kind,  stuff  for  clothing  and  shoes. 

8.  Horseshoes,  all  instruments,  objects,  and  materials  used  for  horse-shoeing. 

9.  Barbed  wire,  as  well  as  tools  used  for  stretching  and  cutting  it. 

10.  Pacura,  naphtha,  benzine,  petroleum,  as  well  as  analogous  materials  which  could  be  used  as  combustibles 
representing  oil. 

11.  Glasses,  telescopes,  the  various  instruments  for  ob8er^dng  distances,  maps,  chronometers,  the  various  instru- 
ments used  for  naval  and  topographic  observations,  crude  copper,  lead  in  sheet  and  tubes,  glycerine,  ferrochrome, 
iron  hematite,  magnetic  iron,  rubber,  leather,  raw  skins  or  incompletely  tanned  (not  including  cured  skins). 


PART  III. 


CORRESPONDENCE  RELATING  TO  RESTRAINTS  ON  COMMERCE. 


97660°— 15 6  37 


G3908 


RESTRAINTS  ON  COMMERCE. 

File  Xo.  763.72112/545a. 

The  Secretary  of  State  to  Ambassador  11'.  II.  Page. 

[Telegram.] 

Department  of  State, 
\yashiii(jtoii,  Decemhfr  26,  191 J^. 
The  present  condition  of  American  foreign  trade  resulting  from  the  frequent  seizures  and 
detentions  of  American  cargoes  destined  to  neutral  European  ports  has  become  so  serious  as  to 
require  a  candid  statement  of  the  views  of  tliis  Government  in  order  that  the  British  Govern- 
ment may  be  fully  informed  as  to  the  attitude  of  the  United  States  toward  the  policy  which 
has  been  pursued  by  the  British  authorities  during  the  present  war. 

You  will,  therefore,  communicate  the  following  to  His  Majesty's  principal  secretary  of 
state  for  foreign  affairs,  but  in  doing  so  you  will  assure  him  that  it  is  done  in  the  most  friendly 
spirit  and  in  the  belief  that  frankness  will  better  serve  the  continuance  of  cordial  relations 
between  the  two  countries  tluiu  silence,  wliicli  may  be  misconstrued  into  acquiescence  in  a 
course  of  conduct  which  this  Government  can  not  but  consider  to  be  an  infringement  upon  the 
rights  of  American  citizens. 

The  Government  of  the  I'liited  States  has  viewed  with  growing  concern  the  large  number 
of  vessels  laden  with  ^Vmericau  goods  destined  to  neutral  ports  in  Europe,  which  have  been 
seized  on  the  high  seas,  taken  into  British  ports  and  detained  sometimes  for  weeks  by  the 
British  authorities.  During  the  early  days  of  the  war  this  Government  assumed  that  the 
policy  adopted  by  the  British  Government  was  due  to  the  unexpected  outbreak  of  hostilities 
and  the  necessity  of  immediate  action  to  prevent  contraband  from  reaching  the  enemy.  For 
this  reason  it  was  not  disposed  to  judge  this  policy  harshly  or  protest  it  vigorbusl\-,  although 
it  was  manifestly  very  injm-ious  to  American  trade  with  the  neutral  countries  of  Europe. 
This  Govenmient,  relying  confidently  upon  the  high  regard  which  Great  Britain  has  so  often 
exhibited  in  the  past  for  the  rights  of  other  nations,  confidently  awaited  amendment  of  a 
course  of  action  which  denied  to  neutral  commerce  the  freedom  to  which  it  was  entitled  by  the 
law  of  nations. 

This  expectation  seemed  to  be  rendered  the  more  assured  by  the  statement  of  the  foreign 
office  early  in  November  that  the  British  Government  were  satisfied  with  guarantees  offered  by 
the  Norwegian,  Swedish,  and  Danish  Governments  as  to  nonexportation  of  contraband  goods 
when  consigned  to  named  persons  in  the  territories  of  those  Governments,  and  that  orders  had 
been  given  to  the  British  fleet  and  customs  authorities  to  restrict  interference  with  neutral 
vessels  carrying  such  cargoes  so  consigned  to  verification  of  ship's  papers  and  cargoes. 

It  is  therefore  a  matter  of  deep  regret  that,  though  nearly  five  months  have  passed  since 
the  war  began,  the  British  Government  have  not  materially  changed  their  policy  and  do  not 
treat  less  rigorously  ships  and  cargoes  passing  between  neutral  ports  in  the  peaceful  pursuit 
of  lawful  commerce,  which  belligerents  should  protect  rather  than  interrupt.  The  greater 
freedom  from  detention  and  seizure  which  was  confidently  expected  to  result  from  consigning 
shipments  to  definite  consignees,  rather  than  "to  order,"  is  still  awaited. 

It  is  needless  to  point  out  to  His  Majestj^'s  Government,  usually  the  champion  of  the 
freedom  of  the  seas  and  the  rights  of  trade,  that  peace,  not  war,  is  the  normal  relation  between 
nations  and  that  the  commerce  between  countries  which  are  not  belligerents  should  not  be 
uiterfered  with  by  those  at  war  unless  such  uiterference  is  manifestly  an  imperative  necessity 
to  protect  their  national  safety,  and  then  only  to  the  extent  that  it  is  a  necessity.  It  is  with 
no  lack  of  appreciation  of  the  momentous  nature  of  the  present  struggle  in  which  Great  Britain 
is  engaged  and  with  no  selfish  desire  to  gain  undue  commercial  advantage  that  this  Government 
is  reluctantly  forced  to  the  conclusion  that  the  present  policy  of  His  Majesty's  Government 
toward  neutral  ships  and  cargoes  exceeds  the  manifest  necessity  of  a  belligerent  and  constitutes 
restrictions  upon  tlie  rights  of  American  citizens  on  the  high  seas  which  are  not  justified  by  the 
rules  of  uiternational  law  or  required  under  the  prmciple  of  self-preservation. 

The  Govermncnt  of  the  United  States  does  not  intend  at  this  time  to  discuss  the  propriety 
of  mcluding  certain  articles  in  the  lists  of  absolute  and  conditional  contraband,  which  have  been 
proclaimed  by  His  Majesty.  Open  to  objection  as  some  of  these  seem  to  this  Govenmient,  the 
chief  ground  of  present  complaint  is  the  treatment  of  cargoes  of  both  classes  of  articles  when 
bound  to  neutral  ports. 

39 


40  KESTRAINTS   ON    COMMERCE. 

Articles  listed  as  absolute  contraband,  shipped  from  the  United  States  and  consigned  to 
neutral  countries,  have  been  seized  and  detained  on  the  ground  that  the  countries  to  which  thoy 
were  destined  liave  not  prohibited  the  exportation  of  such  articles.  Unwai-ranted  as  such  deten- 
tions arc,  in  the  opinion  of  tliis  Govjrnnient,  American  exporters  are  further  perplexed  by  the 
apparent  indecision  of  the  Britisla  authorities  in  applying  their  owni  rules  to  neutral  cargoes.  For 
example,  a  shipment  of  copper  frcm  tliis  country  to  a  specified  consignee  m  Sweden  was  dctamed 
because,  as  was  stated  by  Great  Britain,  Sweden  had  placed  no  embargo  on  copper.  On  the 
other  hand,  Italy  not  only  prohibited  the  export  of  copper,  but,  as  this  Government  is  informed, 
put  in  force  a  decree  that  shipments  to  Italian  consignees  or  "to  order,"  which  arrive  iji  ports 
of  Italy  can  not  be  exported  or  transshipped.  The  only  exception  Italy  makes  is  of  copper 
which  passes  tlu'ougli  that  countr\'  in  transit  to  another  countiy.  In  spite  of  tliese  decrees, 
however,  the  British  Foreign  Office  luis  thus  far  declined  to  affirm  that  copper  shipments  con- 
signed to  Italy  will  not  be  molested  on  the  liigh  seas.  Seizures  are  so  numerous  and  delays  so 
prolonged  that  exporters  are  afraid  to  send  their  copper  to  Italy,  steamship  lines  dodme  to 
accept  it,  and  insurers  refuse  to  issue  policies  upon  it.  In  a  word,  a  legitimate  trade  is  being 
greatly  impaired  tlirough  uncertainty  as  to  the  treatment  which  it  may  expect  at  the  hands  of 
the  British  authorities. 

We  feel  that  we  are  abxmdantly  justified  in  asking  for  information  as  to  the  manner  in 
which  the  British  Government  propose  to  carry  out  the  policy  which  they  have  adopted,  in 
order  that  we  may  determine  the  steps  necessary  to  protect  our  citizens,  engaged  in  foreign 
trade,  m  their  rights  and  from  the  serious  losses  to  which  they  are  liable  tlirough  ignorance  of 
the  hazards  to  which  their  cargoes  are  exposed. 

In  the  case  of  conditional  contraband  the  pohcy  of  Great  Britain  appears  to  this  Govern- 
ment to  be  equally  unjustified  by  the  estabhshed  rules  of  international  conduct.  As  evidence  of 
this,  attention  is  directed  to  the  fact  that  a  number  of  the  American  cargoes  which  have  been 
seized  consist  of  foodstuff's  and  other  articles  of  common  use  in  aU  countries  wliich  are  admittedly 
relative  contraband.  In  spite  of  the  presumption  of  innocent  use  because  destmed  to  neutral 
territory,  the  Britbh  authorities  made  these  seizures  and  detentions  without,  so  far  as  we  are 
uiformed,  being  in  possession  of  facts  which  warranted  a  reasonable  behef  that  the  sliipments 
had  in  reality  a  belligerent  destination,  as  that  term  is  used  in  international  law.  Mere  sus- 
picion is  not  evidence  and  doubts  should  be  resolved  in  favor  of  neutral  commerce,  not  agamst 
it.  The  effect  upon  trade  in  these  articles  between  neutral  nations  resulting  from  internipted 
vovages  and  detained  cargoes  is  not  entirclv  cured  ])v  reimbm^ement  of  the  o^vners  for  the 
damages,  wliich  they  have  suffered,  after  investigation  has  failed  to  estabHsh  an  enemy  destina- 
tion. The  injury  is  to  American  commerce  with  neutral  coimtries  as  a  whole  tlirough  the 
hazard  of  the  enterprise  and  the  repeated  diversion  of  goods  from  established  markets. 

It  also  appears  that  cargoes  of  this  character  have  been  siezed  by  the  British  authorities 
because  of  a  belief  that,  though  not  originally  so  intended  by  the  sliippers,  they  wiU  ultimately 
reach  the  tenitory  of  the  enemies  of  Great  Britain.  Yet  tliis  behef  is  frequently  reduced  to  a 
mere  fear  in  view  of  the  embargoes  which  have  been  decreed  by  the  neutral  countries,  to  which 
they  are  destined,  on  the  articles  composmg  the  cargoes. 

That  a  consignment  "to  order"  of  articles  listed  as  conditional  contraband  and  shipped  to 
a  neutral  port  raises  a  legal  presumption  of  enemy  destination  appears  to  be  directly  contrary 
to  the  doctrines  previously  held  by  Great  Britain  and  thus  stated  by  Lord  Salisbury  during  the 
South  African  War: 

Foodstuffs,  though  ha^•ing  a  hostile  destination,  can  be  considered  as  contraband  of  war  only  if  they  are  for  the 
enemy's  forces;  it  is  not  sufficient  that  they  are  capable  of  being  so  used,  it  must  be  shown  that  this  was  in  fact  their 
destination  at  the  time  of  their  seizure. 

With  this  statement  as  to  conditional  contraband  the  views  of  this  Government  are  in 
entire  accord,  and  upon  this  historic  doctri)ie,  consistently  maintamed  by  Great  Britain  when 
a  belhgerent  as  well  as  a  neutral,  American  shippers  were  entitled  to  rely. 

The  Government  of  the  United  States  readily  admits  the  full  right  of  a  beUigerent  to  visit 
and  search  on  the  high  seas  the  vessels  of  ^Imerican  citizens  or  other  neutral  vessels  carryuig 
American  goods  and  to  detain  them  when  there  is  sufficient  evidence  to  justify  a  belief  that 
contraband  articles  are  in  their  cargoes;  but  His  Majesty's  Government,  judging  by  their  own 
experience  in  the  past,  must  realize  that  tliis  Government  can  not  without  protest  permit 
American  ships  or  iVmerican  cargoes  to  be  taken  into  British  ports  and  there  detained  for  the 
purpose  of  searching  generally  for  evidence  of  contraband,  or  upon  presumptions  created  by 
special  municipal  enactments  which  are  clearly  at  variance  with  international  law  and  practice. 

This  Government  beUeves,  and  earnestly  hopes  His  Majesty's  Government  -wiU  come  to 
the  same  behef,  that  a  course  of  conduct  more  m  conformity  with  the  rules  of  international 
usage,  which  Great  Britain  has  strongly  sanctioned  for  many  years,  will  in  the  end  better  serve 
the  interests  of  beUigerents  as  well  as  those  of  neutrals. 


EESTEAIXTS   OX    COMMERCE.  41 

Not  only  is  the  situation  a  critical  one  to  tlie  commercial  interests  of  the  United  States,  but 
many  of  the  great  industiies  of  tliis  countrj^  are  suffering  because  their  products  are  denied  long- 
established  markets  in  European  countries,  which,  though  neutral,  are  contiguous  to  the  nations 
at  war.  Producers  and  exporters,  steamship  and  insurance  companies  are  pressing,  and  not 
without  reason,  for  rehef  from  the  menace  to  trans-Atlantic  trade  which  is  gradually  but  surely 
destroying  their  business  and  threatening  them  ^vith  financial  disaster. 

The  Government  of  the  United  States,  still  relying  upon  the  deep  sense  of  justice  of  the 
British  Nation,  which  has  been  so  often  manifested  in  the  intercourse  between  the  two  countries 
during  so  many  years  of  uninterrupted  friendship,  expresses  confidently  the  hope  that  his 
Majesty's  Government  will  reahzc  the  obstacles  and  difiicuHies  which  their  present  policy  has 
placed  in  the  way  of  commerce  between  the  United  States  and  the  neutral  countries  of  Europe, 
and  will  instruct  its  ofScials  to  refrain  from  all  unnecessary  interference  with  the  freedom  of 
trade  between  nations  which  are  sufferers,  though  not  participants,  in  the  present  confUct;  and 
will  in  their  treatment  of  neutral  ships  and  cargoes  conform  more  closely  to  those  rules  govern- 
ing the  maritime  relations  between  belhgerents  and  neutrals,  wliich  have  received  the  sanction 
of  the  civilized  world,  and  wliich  Great  Britain  has,  in  other  wars,  so  strongly  and  successfully 
advocated. 

In  conclusion,  it  should  be  impressed  upon  His  Majesty's  Government  that  the  present 
condition  of  American  trade  ^\'ith  the  neutral  European  countries  is  such  that,  if  it  does  not 
improve,  it  may  arouse  a  feeUng  contrary  to  that  which  has  so  long  existed  between  the  Ameri- 
can and  British  peoples.  iVlready  it  is  becoming  more  and  more  the  subject  of  public  criticism 
and  complaint.  There  is  an  increasing  behef,  doubtless  not  entirely  unjustified,  that  the  present 
British  policy  toward  American  trade  is  responsible  for  the  depression  in  certain  industries 
which  depend  upon  European  markets.  The  attention  of  the  British  Government  is  called 
to  this  possible  result  of  their  present  pohcj^  to  show  how  widespread  the  effect  is  upon  the 
industrial  life  of  the  United  States  and  to  emphasize  the  importance  of  removing  the  cause  of 
complaint. 

Brtan. 


File  No.  7G3.72112/589. 

TJie  British  Secretary  of  State  for  Foreign  Affairs  to  Ambassador  W.  H.  Page. 

Foreign  Office,  January  7,  1915. 

Yom  Excellency:  I  have  the  honor  to  acknowledge  receipt  of  your  note  of  the  28th  of 
December. 

It  is  being  carefully  examined  and  the  points  raised  in  it  are  receiving  consideration,  as  the 
result  of  which  a  reply  shall  be  addressed  to  Your  Excellency,  dealing  in  detail  with  the  issues 
raised  and  the  points  to  which  the  United  States  Government  have  drawn  attention.  This  con- 
sideration and  the  preparation  of  the  reply  will  necessarily  require  some  time,  and  I  therefore 
desire  to  send  without  further  delay  some  preliminary  observations  which  will,  I  trust,  help  to 
clear  the  ground  and  remove  some  misconceptions  that  seem  to  e.xist. 

Let  me  say  at  once  that  we  entirely  recognize  the  most  friendly  spirit  referred  to  by  Your 
Excellency,  and  that  we  desire  to  reply  in  the  same  spirit  and  in  the  beUef  that,  as  Your  Excel- 
lency states,  frankness  will  best  serve  the  continuance  of  cordial  relations  between  the  two 
countries. 

His  Majesty's  Government  cordially  concur  in  the  principle  enunciated  by  the  Government 
of  the  United  States  that  a  belligerent,  in  dealing  with  trade  between  neutrals,  should  not 
intci-fere  unless  such  interference  is  necessaiy  to  protect  the  be'iigerent's  national  safety,  and 
then  only  to  the  extent  to  which  this  is  necessary.  We  shall  endeavor  to  keep  our  action  within 
the  limits  of  this  principle  on  the  understanding  that  it  admits  our  right  to  interfere  when  such 
interference  is,  not  with  "bona  fide"  trade  between  the  United  States  and  another  neutral 
country,  but  with  trade  in  contraband  destined  for  the  enemy's  covmtry,  and  we  are  ready,  when- 
ever our  action  may  unintentionally  exceed  this  principle,  to  make  redress. 

We  think  that  much  misconception  exists  as  to  the  extent  to  which  we  have,  in  practice, 
interfered  with  trade.  Your  Excellency's  note  seems  to  hold  His  Majesty's  Government 
responsible  for  the  present  condition  of  trade  with  neutral  comitries,  and  it  is  stated  that, 
through  the  action  of  His  Majesty's  Government,  the  products  of  the  great  industries  of  the 
United  States  have  been  denied  long  established  markets  in  Em-opeau  countries  whicn,  though 
neutral,  are  contiguous  to  the  seat  of  war.  Such  a  result  is  far  from  being  the  intention  of  His 
Majesty's  Govermncut,  and  they  would  exceedingly  regret  that  it  should  be  due  to  their  action. 
I  have  been  unable  to  obtain  complete  or  conclusive  figures  showing  what  the  state  of  trade 
with  these  neutral  countries  has  been  recently,  and  I  can  therefore  only  ask  that  some  further 


42  RESTRAINTS    ON    COMMERCE. 

consideration  should  be  given  to  the  question  whether  United  States  trade  with  these  neutral 
countries  has  been  so  seriously  afl'ected.  The  only  ligures  as  to  the  total  volume  of  trade  that 
I  have  seen  are  those  for  the  exports  from  New  York,  for  the  month  of  November,  1914,  and 
they  are  as  follows,  compared  with  the  month  of  November,  1913: 

Exports  from  Neir   Vnrkjar  .\oi'cmber,  i;n.J  [anil]  Xovcmber,  Htl'i,  respectively. 

Denmark $558, 000  $7, 101, 000 

Sweden 377,000  2,858,000 

Norway 477,  000  2, 318, 000 

Italy 2,  971,  000  4,  781,  000 

Holland 4,  389,  000  3,  9G0,  000 

It  is  triie  that  there  may  have  been  a  fiilhng  off  in  cotton  exports,  as  to  which  New  York 
figm'es  would  be  no  guide,  but  His  Majesty's  Government  have  been  most  careful  not  to  inter- 
fere with  cotton,  and  its  place  on  the  free  Mst  has  been  scrupulously  maintained. 

We  do  not  wish  to  lay  too  much  stress  upon  incomplete  statistics;  the  figures  above  are  not 
put  forward  as  conclusive;  and  wc  are  prepared  to  examine  any  further  evidence  with  regard 
to  the  state  of  trade  Avith  these  neutral  countries,  wliich  may  point  to  a  different  conclusion  or 
show  that  it  is  the  action  of  His  Majesty's  Government  in  particular,  and  not  the  existence  of 
a  state  of  war  and  consequent  diminution  of  purchasing  power  and  shi-inkage  of  trade,  which 
is  responsible  for  adverse  effects  upon  trade  with  the  neutral  countries. 

That  the  existence  of  a  state  of  war  on  such  a  scale  has  had  a  very  adverse  effect  upon  cer- 
tain groat  industries,  such  as  cotton,  is  obvious;  but  it  is  submitted  that  tliis  is  due  to  the  general 
cause  of  diminished  purchasing  power  of  such  countries  as  France,  Geimany,  and  the  United 
Kingdom,  rather  than  to  interference  -with  trade  with  neutral  countries.  In  the  matter  of  cot- 
ton, it  may  be  recalled  that  the  Britisli  Government  gave  special  assistance  through  the  Liver- 
pool Cotton  Exchange  to  the  renewal  of  transactions  in  the  cotton  trade  of  not  onlj^  the  United 
Kingdom  but  of  many  neutral  countries. 

Your  Excellency's  note  refers  in  particular  to  the  detention  of  copper.  The  figures  taken 
from  ofhcial  returns  for  the  export  of  copper  from  the  United  States  for  Italy  for  the  months 
during  wliich  the  war  has  been  in  progress  up  to  the  end  of  the  first  three  weeks  of  December 
are  as  follows : 

Nineteen  tliirteen :  Fifteen  nuUion  two  hundred  two  thousand  pounds.  Nineteen  fourteen : 
Thirty-six  milhon  two  hundred  eight-five  thousand  pounds.  Norway,  Sweden,  Denmark,  and 
Switzerland  are  not  shown  separately  for  the  whole  period  in  the  United  States  returns  but 
are  included  in  the  heading  "Other  Em"ope"  (that  is,  Europe  other  than  the  United  Kingdom, 
Russia,  France,  Belgium,  Austria,  Germany,  Holland,  and  Italy).  The  corresponding  figm-es 
under  tliis  heading  are  as  follows : 

Nineteen  tliirteen:  Seven  milhon  two  hundred  seventy-one  thousand  pounds.  Nineteen 
fourteen:  Tliirty-five  milhon  tliree  hundred  forty-seven  thousand  pounds. 

With  such  figures  the  presumption  is  very  strong  that  the  bidk  of  copper  consigned  to 
these  countries  has  recently  been  intended,  not  for  their  own  use,  but  for  that  of  a  beUigerent 
who  can  not  import  it  direct.  It  is  therefore  an  imperative  necessity  for  the  safety  of  tins 
country  while  it  is  at  war  that  His  Majesty's  Government  should  do  all  in  their  power  to  stop 
such  part  of  this  import  of  copper  as  is  not  genuinely  destined  for  neutral  countries. 

Your  Excellency  does  not  quote  any  particidar  sliipment  of  copper  to  Sweden,  which  has 
been  detained.  There  are,  however,  four  consignments  to  Sweden  at  the  present  time  of  copper 
and  aluminium  wliich,  though  definitely  consigned  to  Sweden,  are,  according  to  positive  evi- 
dence in  the  possession  of  His  Majesty's  Government,  definitely  destined  for  Germany. 

I  can  not  beheve  that,  with  such  figures  before  them  and  in  such  cases  as  those  just  men- 
tioned, the  Government  of  the  United  States  woidd  question  the  propriety  of  the  action  of  His 
Majesty's  Government  in  taking  suspected  cargoes  to  a  prize  court,  and  we  are  convinced  that 
it  can  not  be  in  accord  with  the  wish  either  of  the  Government  or  of  the  people  of  the  United 
States  to  strain  the  international  code  in  favor  of  private  interests  so  as  to  prevent  Great 
Britain  from  taking  such  legitimate  means  for  this  purpose  as  are  in  her  power. 

With  regard  to  the  seizm'e  of  foodstuffs  to  wliich  Your  Excellency  refers.  His  Majesty's 
Government  are  prepared  to  admit  that  foodstuffs  should  not  be  detained  and  put  into  a  prize 
court  without  presumption  that  they  are  intended  for  the  armed  forces  of  the  enemy  or  the 
enemy  government.  Wc  beheve  that  this  rule  has  been  adhered  to  in  practice  hitherto,  but  if 
the  United  States  Government  have  instances  to  the  contrary,  we  are  prepared  to  examine  them, 
and  it  is  our  present  intention  to  adhere  to  the  rule,  though  we  can  not  give  an  unlimited  and 
unconditional  undertaking  in  view  of  the  departure  bj^  those  against  whom  we  are  fighting  from 
hitherto  accepted  rides  of  civihzation  and  humanity  and  the  uncertainty  as  to  the  extent  to 
which  such  rules  may  be  violated  by  them  in  future. 


BESTRAIXTS   OX   COMJIERCE.  43 

From  the  4th  of  August  last  to  tho  3(1  of  January  the  number  of  steamships  proceeding 
from  the  United  States  for  Holland,  Denmark,  Norway,  Sweden,  and  Italy  has  been  seven 
hundred  and  seventy-three.  Of  these  there  are  forty-five  which  have  had  consignments  or 
cargoes  placed  in  the  prize  court  while  of  the  ships  themselves  only  eight  have  been  placed  in  the 
prize  court  and  one  of  these  has  since  been  released.  It  is,  however,  essential  under  modern 
conditions  that  where  there  is  real  ground  for  suspecting  the  presence  of  contraband,  the 
vessels  should  be  brought  into  port  for  examination:  in  no  other  way  can  the  right  of  search 
be  exercised,  and  but  for  this  practice  it  would  have  to  bo  completely  abandoned.  Informa- 
tion was  received  by  us  that  special  instructions  had  been  given  to  ship  rubber  from  the  United 
States  under  another  designation  to  escape  notice,  and  such  cases  have  occurred  in  several 
instances.  Only  by  search  in  a  port  can  such  cases,  when  suspected,  be  discovered  and  proved. 
The  necessity  for  examination  in  a  port  may  also  be  illustrated  by  a  hypothetical  instance, 
connected  with  cotton,  which  has  not  yet  occurred.  Cotton  is  not  specifically  mentioned  in  Your 
Excellency's  note,  but  I  have  seen  public  statements  made  in  the  United  States  that  the  attitude 
of  His  Majesty's  Government  with  regard  to  cotton  has  been  ambiguous,  and  thereby  responsible 
for  depression  in  the  cotton  trade.  There  has  never  been  any  foundation  for  this  allogation. 
His  Majesty's  Government  have  never  put  cotton  on  the  hst  of  contraband;  they  have 
throughout  the  war  kept  it  on  the  free  list;  and,  on  every  occasion  when  questioned  on  the  point, 
they  have  stated  their  intention  of  adhering  to  this  practice.  But  information  has  reached 
us  that  precisely  because  we  have  declared  our  intention  of  not  interfering  with  cotton,  ships 
carrying  cotton  will  be  specially  selected  to  can-}'  concealed  contraband;  and  we  have  been 
warned  that  copper  will  be  concealed  in  bales  of  cotton.  Whatever  suspicions  we  have  enter- 
tained, we  have  not  so  far  made  these  a  ground  for  detainbig  any  ship  carrying  cotton,  but, 
should  we  have  information  giving  us  real  reason  to  bcheve  in  the  case  of  a  particular  ship  that 
the  bales  of  cotton  concealed  copper  or  other  contraband,  the  oid}-  way  to  prove  our  case  would 
be  to  examine  and  weigh  the  bales;  a  process  that  could  be  cairied  out  only  by  bringing  the 
vessel  into  a  port.  In  .such  a  case,  or  if  examination  justified  the  action  of  His  Majesty's 
Government,  the  case  shall  be  brought  before  a  prize  court  and  dealt  with  in  tlie  ordinai-y  way. 

That  the  decisions  of  British  prize  courts  hitherto  have  not  been  unfavorable  to  neutrals  is 
evidenced  by  the  decision  in  the  MiramicM  case.  This  case,  wlxich  was  decided  against  the 
Crown,  laid  down  that  the  ^\jiierican  shipper  was  to  be  paid  even  when  he  had  sold  a  cargo 
0.  i.  f.  and  when  the  risk  of  loss  after  the  cargo  had  been  shipped  did  not  apply  to  him  at  aU. 

It  has  further  been  represented  to  His  Majesty's  Goverrmieut,  though  this  subject  is  not 
dealt  with  in  Your  Excellency's  note,  that  our  embargoes  on  the  export  of  some  articles,  more 
especially  rubber,  have  interfered  with  commercial  interests  in  tlie  United  States.  It  is,  of 
course,  difficidt  for  His  Majesty's  Government  to  permit  the  export  of  rubber  from  British  Do- 
minions to  the  United  States  at  a  time  when  rubber  is  essential  to  belligerent  countries  for  car- 
rying on  the  war,  and  when  a  new  trade  in  exporting  rubber  from  the  United  States  in  suspi- 
ciously largo  quantities  to  neutriil  countries  has  actually  sprung  up  since  the  war.  It  would  bo 
hnpossible  to  permit  the  export  of  rubber  from  Groat  Britain  unless  the  right  of  His  Majesty's 
Government  were  admitted  to  submit  to  a  prize  court  cargoes  of  rubber  exported  from  the 
United  States  which  they  believe  to  be  destined  for  an  enemy  country,  and  reasonable  latitude 
of  action  for  this  purpose  were  conceded.  But  His  Majesty's  Government  have  now  provision- 
ally come  to  an  arrangement  with  the  rubber  exporters  in  Great  Britain  which  will  permit  of 
licenses  being  given  under  proper  guaranties  for  the  export  of  rubber  to  the  United  States. 

We  are  confronted  with  the  growing  danger  that  neutral  countries  contiguous  to  the  enemy 
will  become  on  a  scale  hitherto  unprecedented  a  base  of  supplies  for  the  armed  forces  of  our 
enemies  and  for  materials  for  manufacturing  armament.  The  trade  figures  of  imports  show 
how  strong  this  tendency  is,  but  wo  have  no  complaint  to  make  of  the  attitude  of  the  Govern- 
ments of  those  countries,  which  so  far  as  we  are  aware  have  not  departed  from  proper  rules  of 
neutrality.  Wo  endeavor  in  the  interest  of  our  owix  national  safety  to  prevent  this  danger  by 
intercepting  goods  really  destined  for  the  enemy  without  mtei"fering  with  those  whicli  are 
"bona  fide"  neutral. 

Since  the  outbreak  of  the  war  the  Government  of  the  United  States  have  cliiinged  their 
previous  practice  and  have  prohibited  the  pubhcation  of  manifests  tiU  30  days  afteir  the 
departure  of  vessels  from  the  United  States  ports.  We  have  no  "locus  standi"  for  complain- 
ing of  this  change,  and  did  not  complain.  But  the  effect  of  it  must  bo  to  increase  the  difEculty 
of  ascertaining  the  presence  of  contraband  luvd  to  render  necessary  in  the  interests  of  our 
national  safety  the  examination  and  detention  of  more  ships  than  would  have  been  the  case  if 
the  former  practice  had  contmued. 

Pending  a  more  detailed  reply,  I  would  conclude  by  saying  that  His  Majesty's  Govern- 
ment do  not  desire  to  contest  the  general  principles  of  law,  on  which  they  understand  the  note 
of  the  United  States  to  be  based,  and  desire  to  restrict  their  action  solely  to  interferences  with 


44  RESTRAINTS   ON    COMMERCE. 

contraband  destined  for  the  enemy.  His  Majesty's  Government  are  prepared,  whenever  a  cargo 
coming  from  the  United  States  is  detained,  to  explain  the  case  on  which  such  detention  has 
taken  place  and  would  gladlj-  enter  into  any  arrangement  by  which  mistakes  can  bo  avoided 
and  reparation  secured  promptly  when  any  injury  to  the  neutral  o^\-ners  of  a  ship  or  cargo  has 
been  improperly  caused,  for  they  arc  most  desirous  in  the  intero*;t  both  of  the  United  States 
and  of  other  neutral  countries  that  British  action  should  not  interfere  with  the  normal  impor- 
tation and  use  by  the  neutral  countries  of  goods  from  the  United  States. 
I  have,  etc., 

E.  Grey. 


File  No.  763.72112/774. 

The  British  Secretary  of  State  for  Foreign  Affairs  to  Ambassador  W.  77.  Pa^e. 

Foreign  Office,  Fdruary  10,  1915. 

Your  Excellency:  Your  Excellency  has  already  received  the  preliminarj'  answer,  wliich  I 
handed  to  you  on  the  7th  January,  in  reply  to  your  note  of  the  28th  December  on  the  subject 
of  the  seizures  and  detentions  of  American  cargoes  destined  for  neutral  European  ports. 

Since  that  date  I  have  had  further  opportunity  of  examining  into  the  trade  statistics  of 
the  United  States  as  embodied  in  the  customs  returns,  in  order  to  see  whether  the  belligerent 
action  of  Great  Britain  has  been  in  any  way  the  cause  of  the  trade  depression  which  Your 
Excellency  describes  as  existing  in  the  United  States,  and  also  whether  the  seizures  of  vessels 
or  cargoes  which  have  been  made  by  the  British  Navy  have  inflicted  any  loss  on  American 
owners  for  which  our  existing  machinery  provides  no  means  of  redress.  In  setting  out  the  re- 
sidts  of  my  investigation  I  think  it  well  to  take  the  opportunity  of  giving  a  general  review  of 
the  methods  employed  by  His  Majesty's  Government  to  intercept  contraband  trade  with  the 
enemj'^,  of  their  consistency  with  tlie  admitted  right  of  a  beUigcrent  to  intercept  such  trade, 
and  also  of  the  extent  to  which  they  have  endeavored  to  meet  the  representations  and  com- 
plaints from  time  to  time  addressed  to  them  on  behalf  of  the  United  States  Government. 

Toward  the  close  of  your  note  of  the  28th  December  Your  Excellcnc}"  describes  the  situa- 
tion produced  by  the  action  of  Great  Britain  as  a  pitiful  one  to  the  commercial  interests  of  the 
United  States,  and  said  that  many  of  the  great  iadustries  of  the  country  were  sufferiug  because 
their  products  were  denied  long-established  markets  in  neutral  European  countries  contiguous 
to  the  nations  at  war. 

It  is  unfortunately  true  that  in  these  days,  when  trade  and  finance  are  cosmopolitan,  any 
war — particularly  a  war  of  any  magnitude — must  result  in  a  grievous  dislocation  of  commerce, 
including  that  of  the  nations  which  take  no  part  in  the  war.  Your  Excellency  will  realize  that 
in  this  tremendous  struggle  for  the  outbreak  of  which  Great  Britain  is  in  no  way  responsible, 
it  is  impossible  for  the  trade  of  any  country  to  escape  all  injur}-  and  loss,  but  for  such  His 
Majesty's  Government  arc  not  to  blame. 

I  do  not  understand  the  paragi-aph  which  I  have  quoted  from  Your  Excellency's  note  as 
referring  to  these  indirect  consequences  of  the  state  of  war,  but  to  the  more  proximate  and 
direct  effect  of  our  belligerent  action  in  dealing  with  neutral  ships  and  cargoes  on  the  high  seas. 
Such. action  has  been  limited  to  vessels  on  their  way  to  enemy  ports  or  ports  in  neutral  coim tries 
adjacent  to  the  theater  of  war,  because  it  is  only  through  such  ports  that  the  enemy  introduces 
the  supphes  which  he  requires  for  carrying  on  the  war. 

In  my  earlier  note  I  set  out  the  number  of  sliips  which  had  sailed  from  the  United  States 
for  Holland,  Denmark,  Norwaj*,  Sweden,  and  Italy,  and  I  there  stated  that  only  8  of  the  773 
had  been  placed  in  the  prize  court,  and  that  only  45  had  been  temporarih"  detained  to  enable 
particular  consignments  of  cargo  to  be  discharged  for  the  purpose  of  prize-court  proceedings. 
To  measure  the  effect  of  such  naval  action  it  is  necessary  to  take  into  consideration  the  general 
statistics  of  the  export  trade  of  the  United  States  during  the  mouths  preceding  the  outbreak  of 
war  and  those  since  the  outbreak. 

Taking  the  figures  in  millions  of  dollars,  the  exports  of  merchandise  from  the  United  States 
for  the  seven  months  of  January  to  July,  1914,  inclusive,  were  1,201,  as  compared  mth  1,327  in 
the  corresponding  months  of  1913,  a  drop  of  126  millions  of  dollare. 

For  the  months  of  August,  September,  October,  and  November,  that  is  to  say,  for  the 
four  montiis  of  the  war  preceding  the  dchvery  of  your  Excellency's  note,  the  figures  of  the 
exports  of  merchandise  were  (again  in  millions  of  dollars)  667  as  compared  with  923  in  the 
corresponding  months  of  1913,  a  drop  of  256  mdlions  of  dollars. 

If,  however,  the  single  article  of  cotton  be  eliminated  from  the  comparison,  the  figures 
show  a  very  different  result.  Thus  the  exports  of  all  articles  of  merchandise  other  than  cot- 
ton from  the  United  States  during  the  first  seven  montlis  of  1914  were  966  millions  of  dollars. 


KESTEAIXTS   OX   COMMERCE.  45 

as  agaijist  1,127  millions  in  1913,  a  drop  of  161  millions  of  dollars,  or  14J  per  cent.  On  the 
other  hand,  the  exports  of  the  same  articles  during  the  months  August  to  Xovember  amounted 
to  608  miUioas  of  dollars  as  compared  with  630  milhons  in  1(113,  a  drop  of  only  22  millions, 
or  less  than  4  per  cent. 

It  is  therefore  clear  that,  if  cotton  be  excluded,  the  effect  of  the  war  has  been  not  to 
increase  but  practically  to  arrest  the  decline  of  American  exports  which  was  in  progress 
earher  in  the  year.  In  fact,  any  decrease  in  ^Vmerican  exports  which  is  attributable  to  the 
war  is  essentially  due  to  cotton.  Cotton  is  an  article  which  can  not  possibly  have  been  affected 
by  the  exercise  of  our  belligerent  rights,  for,  as  Yom-  Excellency  is  aware,  it  has  not  be 
declared  by  His  Majesty's  Govcrmncnt  to  be  contraband  of  war,  and  the  rules  under  which 
we  are  at  present  conducting  our  belligerent  operations  give  us  no  power  in  the  absence  of 
a  blockade  to  seize  or  interfere  with  it  when  on  its  wa}'  to  a  belhgerent  country  in  neutral 
ships.     Consequently  no  cotton  has  been  touched. 

Into  the  causes  of  the  decrease  in  the  exports  of  cotton  I  do  not  feel  that  there  is  any  need 
for  me  to  enter,  because,  whatever  may  have  been  the  cause,  it  is  not  to  be  found  in  the  exercise 
of  the  belhgerent  rights  of  visit,  search,  and  capture,  or  in  om-  general  right  when  at  war  to 
intercept  the  contraband  trade  of  our  enemy.  Imports  of  cotton  to  the  United  Kingdom  fell  as 
heavity  as  those  to  other  countries.  No  place  felt  the  outbreak  of  war  more  acutelv  than  the 
cotton  districts  of  Lancasliire,  where  for  a  time  an  immense  number  of  spindles  were  idle. 
Though  this  condition  has  now  to  a  large  extent  passed  away,  the  consumption  of  the  raw 
material  in  Great  Britain  was  temporarily  much  diminished.  The  same  is  no  doubt  true  of 
France. 

The  general  result  is  to  show  convincingly  that  the  naval  operations  of  Great  Britain  are 
not  the  cause  of  any  diminution  in  the  volume  of  American  exports,  and  that  if  the  commerce  of 
the  United  States  is  in  the  unfavourable  condition  wliich  your  Excellency  describes,  the  cause 
ought  in  fairness  to  be  sought  elsewhere  than  in  the  activities  of  His  Majesty's  naval  forces. 

I  may  add  that  the  circular  issued  by  the  Department  of  Commerce  at  Washington  on  the 
23rd  January  admits  a  marked  improvement  in  the  foreign  trade  of  the  United  States,  which 
we  have  noted  with  great  satisfaction.  The  first  paragraph  of  the  circular  is  worth  quoting 
verbatim: 

A  marked  improvement  in  our  foreign  trade  is  indicated  by  the  latest  report?  issued  by  the  Department  of  Com- 
merce through  ita  Bureau  of  Foreign  and  Domestic  Commerce,  sales  of  foodstuffs  and  certain  lines  of  manufactures 
having  been  unusually  large  in  Xovember,  the  latest  period  for  which  detailefl  information  is  at  hand.  In  that  month 
exports  aggregated  206,000,000  dollars,  or  double  the  total  for  August  last,  when,  by  reason  of  the  outbreak  of  war,  our 
foreign  trade  fell  to  the  lowest  level  reached  in  many  years.  In  December  there  was  further  improvement,  tlie  month's 
exports  being  valued  at  246,000,000  dollars,  compared  with  233,000,000  in  December,  1913,  and  within  4,000,000  of  the 
high  record  established  in  December,  1912. 

A  better  view  of  the  situation  is  obtained  by  looking  at  the  figiu-es  month  by  month.  Tlie 
exports  of  merchandise  for  the  last  five  months  have  been  (in  millions  of  dollars) : 

August 110 

September I.j6 

October 194 

Xovember 205 

December 240 

The  outbreak  of  war  produced  in  the  United  States,  as  it  did  m  aU  neutral  countries,  an 
acute  but  temporary  distm-bance  of  trade.  Since  that  time  there  seems  to  have  been  a  steady 
recovery,  for  to-day  the  exports  from  the  United  States  stand  at  a  higher  figure  than  on  the 
same  date  hxst  year. 

Before  passing  away  from  the  statistics  of  trade,  and  in  order  to  demonstrate  still  more 
clearly  if  necessary  that  the  naval  operations  of  Great  Britain  and  her  allies  have  had  no 
detrimental  effect  on  the  volume  of  trade  between  the  United  States  and  neutral  countries, 
it  is  worth  while  to  analyse  the  figures  of  the  exports  to  Europe  since  the  outbreak  of  hos- 
tilities. For  this  purpose  the  European  countries  ought  to  be  grouped  under  tliree  heads: 
Great  Britam  and  those  fighting  with  her,  neutral  countries,  and  enemy  countries.  It  is, 
however,  imjjossible  for  me  to  group  the  countries  in  this  way  satisfactorU}',  as  the  figures 
relatmg  to  the  export  trade  of  the  United  States  with  each  country  have  not  yet  been  pub- 
lished. In  the  prelimmary  statement  of  the  export  trade  of  the  United  States  with  foreign 
countries  oidy  principal  coimtries  are  shown,  and  various  countries  which  are  tabulated 
separately  m  the  more  detailed  montlily  summary  of  commerce  and  finance  are  omitted. 
Those  omitted  include  not  only  the  Scandinavian  countries,  the  exports  to  which  are  of 
peculiar  importance  in  dealing  with  this  question,  but  also  Austria. 
976G6''— 15 7 


46  KESTRAINTS   ON   COMMERCE. 

So  far  as  it  is  possible  to  distribute  the  figures  under  the  headings  which  I  have  indicated 
above  (all  the  figures  being  given  in  thousands  of  dollars)  the  results  are  as  follows: 

Total  exports  to  Europe  from  the  1st  August  to  the  30th  November,  413,995,  as  against 
597,342  m  1913.  Of  these.  Great  Britahi  and  her  allies  took  288,312,  as  against  316,805  in 
1913.  Germany  and  Belgium  took  1,881  as  against  177,136  in  1913;  whereas  neutral  countries 
(among  which  Austria-Hungary  is  unavoidably  included)  took  123,802,  as  against  103,401 
in  1913. 

The  general  complaint  in  Your  Excellency's  note  was  that  the  action  of  Great  Britain 
was  affecting  adversely  the  trade  of  the  United  States  with  neutral  countries.  The  naval 
operations  of  Great  Britain  certainly  do  not  interfere  with  commerce  from  the  United  States 
on  its  way  to  the  United  Kmgdom  and  the  allied  countries,  and  yet  the  exports  to  Great 
Britain  and  her  allies  durmg  those  four  months  diminished  to  the  extent  of  over  28,000,000 
dollars,  whereas  those  to  neutral  countries  and  Austria  increased  by  over  20,000,000  dollars. 

The  inference  may  fah'ly  be  drawn  from  these  figures,  all  of  which  are  taken  from  the 
official  returns  published  by  the  United  States  Government,  that  not  only  has  the  trade  of 
the  United  States  with  the  neutral  countries  in  Europe  been  maintained  as  compared  with 
previous  years,  but  also  that  a  substantial  part  of  this  trade  was,  in  fact,  trade  intended  for 
the  enemy  countries  gomg  through  neutral  ports  by  routes  to  which  it  was  previously 
unaccustomed. 

One  of  the  many  inconveniences  to  which  this  great  war  is  exposing  the  commerce  of 
aJl  neutral  countries  is  undoubtedly  the  serious  shortage  in  shipping  available  for  ocean 
transport,  and  the  consecjuential  result  of  excessive  freights. 

It  cannot  fairly  be  said  that  this  shortage  is  caUsed  by  Great  Britain's  interference  with 
neutral  ships.  At  the  present  time  there  are  only  seven  neutral  vessels  awaiting  adjudication 
in  the  prize  courts  in  this  country,  and  three  in  those  in  the  Britisli  dominions.  As  Your 
Excellency  is  aware,  I  have  already  instructed  om-  ambassador  at  Washington  to  remind  the 
parties  who  are  interested  in  these  vessels  that  it  is  open  to  them  to  apply  to  the  court  for  the 
release  of  these  ships  on  bail,  and  if  an  application  of  this  sort  is  made  by  them  it  is  not  likely 
to  be  opposed  by  the  CVown.  There  is  therefore  no  reason  why  such  an  application  should  not 
be  favourably  entertained  by  the  court,  and,  if  acceded  to,  all  these  vessels  will  agam  be  avail- 
able for  the  carriage  of  commerce.  Oidy  one  neutral  vessel  is  now  detained  in  this  country  in 
addition  to  those  awaiting  adjudication  in  the  prize  court. 

Every  effort  has  been  made  in  cases  in  which  it  has  been  found  necessary  to  institute  pro- 
ceedings against  portions  of  the  cargo  to  secure  the  speedy  discharge  of  the  cargo  and  the  re- 
lease of  the  ship,  so  as  to  enable  it  to  resume  work.  Great  Britain  is  suffering  from  the  short- 
age of  shippmg  and  the  rise  in  freights  as  acutely  as,  if  not  more  than,  other  nations  and 
His  Majesty's  Government  have  taken  every  step  that  they  could  consistently  with  their 
belligerent  mterests  to  increase  the  tonnage  available  for  the  transport  of  sea-borne  com- 
merce. The  enemy  ships  which  have  been  condemned  in  the  prize  courts  in  this  country  are 
bemg  sold  as  rapidly  as  possible  in  order  that  they  may  become  available  for  use;  and  those 
which  ha-s'c  been  condemned  in  the  prize  courts  oversea  are  bemg  brought  to  this  country  m 
order  that  they  may  be  disposed  of  here,  and  again  placed  in  active  employment. 

The  difficulties  have  been  accentuated  by  the  imforsecn  consequences  of  the  convention 
which  was  signed  at  The  Hague  in  1907  relative  to  the  status  of  enemy  merchant  vessels  at  the 
outbreak  of  war.  This  convention  was  a  well-intentioned  effort  to  dimiriish  the  losses  which 
war  must  impose  upon  innocent  pei-sons,  and  provided  that  enemy  merchant  ships  seized  by  a 
belligerent  m  whose  ports  they  lay  at  the  outbreak  of  war  should  not  be  condemned,  but  should 
meiely  be  defamed  for  the  period  of  the  war,  unless  they  were  hberated  in  the  daj's  of  grace. 
We  could  come  to  no  arrangement  with  the  German  Government  for  the  reciprocal  grant  of 
days  of  grace,  and  the  Geiman  merchant  vessels  lying  in  British  poits  when  the  war  broke 
out  have  therefore  been  sentenced  to  detention  in  lieu  of  condemnation.  The  normal  result 
would  have  been  still  further  to  reduce  the  volume  of  shipping  available  for  the  commerce  of 
the  world.  To  ease  the  situation,  however.  His  Majcstj^'s  Government  are  resortmg  to  the 
power  of  requisitioning  which  is  given  by  the  convention,  so  that  these  ships  may  again  be 
placed  in  active  service. 

Your  Excellency  will  see  therefore  that  His  Majesty's  Government  are  doing  all  in  their 
power  to  increase  the  volume  of  shippmg  available.  I  hope  it  vdM  be  realized  that  the  deten- 
tion of  neutral  ships  by  His  Majesty's  Government  with  a  view  to  the  capture  of  contraband 
trade  on  its  way  to  the  enemy  has  not  contributed  nearly  so  much  to  the  shortage  of  shipping 
as  has  the  destruction  of  neutral  vessels  by  submarine  mines  indiscriminately  laid  by  the  enemy 
on  the  high  seas,  many  miles  from  the  coast,  in  the  track  of  merchant  vessels.  Up  till  now 
25  neutral  vessels  have  been  reported  as  destroyed  by  mines  on  the  high  seas ;  quite  apart  from 
all  questions  of  the  breach  of  treaties  and  the  destruction  of  life,  there  is  far  more  reason  for 


RESTRAINTS' ox   COMMERCE.  47 

protest  on  the  score  of  belligerent  interference  -with  innocent  neutral  trade  through  the  mines 
scattered  by  the  enemy  than  through  the  British  exercise  of  the  right  of  seizing  contraband. 

I  trust  that  what  I  have  said  above  will  be  sufficient  to  convince  your  Excellency's  Govern- 
ment that  the  complaints  that  the  naval  policy  of  Great  Britain  has  interfered  with  the  ship- 
ments of  American  products  to  long-established  markets  in  neutral  European  coimtries  is 
founded  on  a  misconception. 

In  justice  to  the  peoples  of  both  countries,  I  feel  that  this  opportunity  should  be  taken  to 
explam  the  lines  on  which  His  Majesty's  Government  have  been  acting  hitherto,  so  as  to  show 
that  the  line  they  have  followed  is  in  no  way  inconsistent  with  the  general  fundamental  prin- 
ciple of  international  law  and  to  indicate  the  care  with  which  they  have  endeavored  to  meet 
the  representations  which  have  been  made  by  the  United  States  Government  from  time  to  time 
during  the  war  on  these  questions. 

No  one  in  these  daj-s  will  dispute  the  general  proposition  that  a  belligerent  is  entitled  to 
capture  contraband  goods  on  their  way  to  the  enemy;  that  right  has  now  become  consecrated 
by  long  usage  and  general  acquiescence.  Though  the  right  is  ancient,  the  means  of  exercising 
it  alter  and  develop  with  the  changes  in  the  methods  and  machinery  of  commerce.  A  century 
ago  the  difliculties  of  land  transport  rendered  it  impracticable  for  the  belligerent  to  obtain 
supplies  of  sea-borne  goods  through  a  neighboring  neutral  countn,-.  Consequently  the  bel- 
ligerent actions  of  his  opponents  neither  required  nor  justified  any  interference  with  shipments 
on  their  way  to  a  neutral  port.  This  principle  was  recognized  and  acted  on  in  the  decisions 
in  which  Lord  Stowell  laid  down  the  lines  on  which  captures  of  such  goods  should  be  dealt  with. 

The  advent  of  steam  power  has  rendered  it  as  easy  for  a  belligerent  to  supply  himself 
through  the  ports  of  a  neutral  contiguous  country  as  through  his  own  and  has  therefore  ren- 
dered it  impossible  for  his  opponent  to  refrain  from  interfering  with  commerce  intended  for  the 
enemy  merely  because  it  is  on  its  way  to  a  neutral  port. 

No  better  instance  of  the  necessity  of  coimtermg  new  devices  for  despatching  contraband 
goods  to  an  enemy  by  new  methods  of  applymg  the  fundamental  principle  of  the  right  to  cap- 
ture such  contraband  can  be  given  than  the  steps  which  the  Government  of  the  United  States 
found  it  necessary  to  take  during  the  American  Civil  War.  It  was  at  that  time  that  the  doc- 
trine of  contmuous  voyage  was  firet  applied  to  the  capture  of  contraband,  that  is  to  say,  it  was 
then  for  the  first  time  that  a  belligerent  foimd  himself  obliged  to  capture  contraband  goods  on 
their  way  to  the  enemy,  even  though  at  the  time  of  capture  they  were  en  route  for  a  neutral  port 
from  wliich  they  were  intended  subsequently  to  contmue  their  journey.  The  policv  then  fol- 
lowed by  the  United  States  Government  was  not  inconsistent  with  the  general  principles  already 
sanctioned  by  international  law,  and  met  with  no  protest  from  His  Majesty's  Government, 
though  it  was  upon  British  cargoes  and  upon  British  ships  that  the  losses  and  the  inconvenience 
due  to  this  new  development  of  the  application  of  the  old  rule  of  international  law  principally 
fell.  The  criticisms  which  have  been  directed  against  the  steps  then  taken  by  the  United 
States  came,  and  come,  from  those  who  saw  in  the  methods  employed  in  Napoleonic  times  for 
the  prevention  of  contraband  a  limitation  upon  the  right  itself,  and  failed  to  see  that  in 
Napoleonic  times  goods  on  their  way  to  a  neutral  port  were  immime  from  capture,  not  because 
the  immediate  destination  conferred  a  privilege,  but  because  capture  imder  such  circumstances 
was  unnecessary. 

The  facilities  which  the  introduction  of  steamers  and  railways  have  given  to  a  belligerent 
to  introduce  contraband  goods  through  neutral  ports  have  imposed  upon  his  opponent  the 
additional  difficulty,  when  endeavonring  to  intercept  such  trade,  of  distinguishing  between  the 
goods  which  are  really  destined  for  the  commerce  of  that  neutral  country  and  the  goods  which 
are  on  their  way  to  the  enemy.  It  is  one  of  the  many  difficulties  with  wliich  the  United  States 
Government  found  themselves  confronted  in  the  days  of  the  Civil  War,  and  I  cannot  do  better 
than  quote  the  words  which  Mr.  Seward,  who  was  then  Secretary  of  State,  used  in  the  course 
of  the  diplomatic  discussion  arising  out  of  the  capture  of  some  goods  on  their  way  to  Matamoros 
which  were  believed  to  be  for  the  insurgents: 

Neutrals  engaged  in  honest  trade  with  Matamoros  must  expect  to  experience  inconvenience  from  the  existing 
blockade  of  Brownsville  and  the  adjacent  coast  of  Texas.  'UTiile  this  Government  unfeipiedly  regrets  this  incon- 
venience, it  cannot  relinquish  any  of  its  belligerent  rights  to  favour  contraband  trade  with  insurgent  territorj-.  By 
insisting  upon  those  rights,  however,  it  is  sure  that  that  necessity  lor  their  exercise  at  all,  which  must  be  deplored  by 
everj-  friendly  commercial  Power,  will  the  more  speedily  be  terminated. 

The  opportunities  now  enjoyed  by  a  beUigerent  for  obtaining  supplies  through  neutral 
ports  arc  far  greater  than  they  were  fifty  years  ago,  and  the  geographical  conditions  of  the 
present  struggle  lend  additional  assistance  to  the  enemy  in  carrying  out  such  importation.  We 
are  faced  with  the  problem  of  intercepting  such  supphes  when  arranged  with  all  the  advantages 
that  flow  from  elaborate  organisation  and  unstiated  expenditure.  If  our  belligerent  rights  are 
to  be  maintained,  it  is  of  the  first  importance  for  us  to  distinguish  between  what  is  really  bona 


48  EESTRAIXTS   ON    COMMERCE. 

fide  trade  intended  for  the  neutral  eountry  concerned  and  the  trade  intended  for  the  enemy 
countiy.  Every  effort  is  made  by  organizers  of  this  trade  to  conceal  the  true  destmation,  and 
if  the  innocent  neutral  trade  is  to  be  distinguished  from  the  enemy  trade  it  is  essential  that 
His  Jilajesty's  Govermncnt  should  be  entitled  to  make,  and  should  make,  careful  enquiry  with 
regard  to  the  destination  of  particular  shipments  of  goods  even  at  the  risk  of  some  slight  delay 
to  the  parties  interested.  If  such  enquiries  were  not  made,  either  the  exercise  of  our  belligerent 
rights  would  have  to  be  abandoned,  tending  to  the  prolongation  of  this  war  and  the  increase 
of  the  loss  and  suffering  which  it  is  entailing  upon  the  whole  world,  or  else  it  would  be  necessary 
to  indulge  in  indiscriminate  captures  of  neutral  goods  and  their  detention  throughout  all  the 
period  of  the  resulting  prize  court  proceedings.  Under  the  system  now  adopted  it  has  been 
found  possible  to  release  witliout  delay,  and  consequently  without  appreciable  loss  to  the  parties 
interested,  all  the  goods  of  which  the  destination  is  shown  as  the  result  of  the  enquiries  to  be 
innocent. 

It  may  weU  be  that  the  system  of  making  such  enquiries  is  to  a  certain  extent  a  new 
introduction,  in  that  it  has  been  practised  to  a  far  greater  extent  than  in  previous  wars;  but 
if  it  is  correctlj-  described  as  a  new  departure,  it  is  a  departure  which  is  wholly  to  the  advantage 
of  neutrals,  and  which  has  been  made  for  the  purpose  of  relieving  them  so  far  as  possible  from 
loss  and  inconvenience. 

There  was  a  passage  in  a  note  which  the  State  Department  addressed  to  the  British 
ambassador  at  Washmgton  on  the  7th  November  to  which  I  think  it  may  be  well  to  refer: 

In  the  opinion  of  this  Government,  the  belligerent  right  of  visit  and  search  requires  that  the  search  should  be 
made  on  the  high  seas  at  the  time  of  the  visit,  and  that  the  conchision  of  the  search  should  rest  upon  the  e\'idence 
found  on  the  ship  under  investigation,  and  not  upon  circumstances  ascertained  from  external  sources. 

The  principle  here  enunciated  appears  "to  me  to  bo  inconsistent  with  the  practice  in 
these  mattere  of  the  United  States  Government,  as  well  as  of  the  British  Government.  It 
certainly  was  not  the  rule  upon  which  the  United  States  Government  acted  either  during  the 
Civil  War  or  durmg  the  Spanish- American  War,  nor  has  it  ever  been  the  practice  of  the 
British  Governmeiit,  nor  so  far  as  I  am  aware,  of  any  other  Government  which  has  had  to 
carry  on  a  gi-eat  naval  war:  as  a  principle  I  think  it  is  impossible  in  modem  times.  Tlie 
necessit)'  for  giving  the  belligerent  captor  full  liberty  to  establish  by  aU  the  evidence  at  his 
disposal  the  enemy  destination  with  which  the  goods  were  shipped  was  recognized  in  all  the 
leading  decisions  in  the  prize  courts  of  the  United  States  during  the  Civil  War. 

No  clearer  instance  could  be  given  than  the  reporter's  statement  of  the  case  of  the 
Bermuda  (3  Wallace,  514) : 

The  final  destination  of  the  cargo  in  this  particular  voyage  was  left  so  skilfully  open  *  *  *  that  it  was  not 
quite  easy  to  p^o^'e,  with  that  certainty  which  American  courts  require,  the  intention,  which  it  seemed  plain  must 
have  really  existed.  Thus  to  prove  it  required  that  truth  should  be  collated  from  a  variety  of  sources,  darkened  and 
disguised;  from  others  opened  as  the  cause  advanced,  and  liy  accident  only;  from  coincidences  undesigned,  and  facta 
that  were  circumstantial.  Collocations  and  comparisons,  in  short,  brought  largely  their  collective  force  in  aid  of 
evidence  that  was  more  direct. 

It  is  not  impossible  that  the  course  of  the  present  struggle  will  show  the  necessity  for 
belligerent  action  to  be  taken  in  various  ways  which  may  at  first  sight  be  regarded  as  a  departure 
from  old  practice.  In  my  note  of  the  7th  January,  I  dealt  at  some  length  with  the  question  of 
the  necessity  of  taking  vessels  into  port  for  the  purposes  of  carrying  out  an  effective  search,  where 
search  was  necessary:  to  that  subject  I  feel  that  I  need  not  again  recur. 

The  growth  in  the  size  of  steamships  necessitates  in  many  cases  that  the  vessels  should  go 
into  calm  water,  in  order  that  even  the  right  of  visit,  as  apart  from  the  right  of  search,  shoidd 
be  exercised.  In  modern  times  a  steamer  is  cajjable  of  pursumg  her  voyage  irrespective  of  the 
conditions  of  the  weather.  Many  of  the  neutral  merchantmen  which  our  naval  officers  are 
called  upon  to  visit  at  sea  are  encountered  by  our  cruisers  in  places  and  under  conditions  which 
render  the  launching  of  a  boat  impossible.  The  conditions  durmg  winter  in  the  North  Atlantic 
frequently  render  it  impracticable  for  days  together  for  a  naval  officer  to  board  a  vessel  on 
her  way  to  Scandinavian  countries.  If  a  belligerent  is  to  be  denied  the  right  of  taking  a  neutral 
merchantman,  met  M-ith  under  such  conditions,  into  calm  water  in  order  that  the  visiting 
officer  may  go  aboard,  the  right  of  visit  and  of  search  would  become  a  nuUity. 

The  present  conflict  is  not  the  fu-st  in  which  this  necessity  has  arisen.  As  long  ago  as  the 
Civil  War  the  United  States  found  it  necessary  to  take  vessels  to  United  States  ports  m  order 
to  determine  whether  the  circiomstances  justified  their  detention. 

The  same  need  arose  during  the  Russo-Japanese  War  and  also  during  the  second  Balkan 
War,  when  it  sometimes  happened  that  British  vessels  were  made  to  deviate  from  their  course 
and  follow  the  cruisers  to  some  spot  where  the  right  of  visit  and  of  search  covdd  be  more 
conveniently  carried  out.  In  both  cases  this  exercise  of  belligerent  rights,  although  questioned 
at  ffi'st  by  His  Majestj^'s  Government,  was  ultimately  acquiesced  in. 


KESTRAIXTS   OX    COMMERCE.  49 

No  Power  in  these  days  can  afford  during  a  great  war  to  forego  the  exercise  of  the  riglit 
of  visit  and  search.  Vessels  which  are  apparently  harmless  merchantmen  can  be  used  for 
carrying  and  laying  mines  and  even  fitted  to  discharge  torpedoes.  Supplies  for  submarines 
can  without  difliculty  be  concealed  under  other  cargo.  The  only  protection  against  those  risks 
is  to  visit  and  search  thoroughly  every  vessel  appearing  in  the  zone  of  operations,  and  if  the 
circumstances  arc  such  as  to  render  it  impossible  to  carry  it  out  at  the  spot  where  the  vessel  was 
met  with  the  only  practicable  course  is  to  take  the  ship  to  some  more  convenient  localitv  for 
the  purpose.  To  do  so  is  not  to  be  looked  upon  as  a  new  belligerent  right,  but  as  an  adaptation 
of  the  existing  right  to  the  modern  conditions  of  commerce.  Like  all  belligerent  rights,  it 
must  be  exercised  with  due  regard  for  neutral  interests,  and  it  would  be  unreasonable  to  expect 
a  neutral  vessel  to  make  long  deviations  from  her  course  for  this  purpose.  It  is  for  tliis  reason 
that  we  have  done  all  we  can  to  encourage  neutral  merchantmen  on  their  way  to  ports  con- 
tiguous to  the  enemy  country  to  visit  some  British  port  lying  on  their  line  of  route  in  order 
that  the  necessary  examination  of  the  ship's  papers,  and,  if  required,  of  the  cargo,  can  be  made 
under  conditions  of  convenience  to  the  ship  herself.  The  alternative  would  be  to  keep  a  vessel 
which  the  naval  ofhcei-s  desired  to  board  waiting,  it  might  be  for  days  together,  until  the 
weather  conditions  enabled  the  visit  to  be  carried  out  at  sea. 

Xo  war  has  j^et  been  waged  in  which  neutral  individuals  have  not  occasionally  suffered 
from  unjustified  belligerent  action;  no  neutral  nation  has  experienced  this  fact  more  frequcntlj- 
in  the  past  than  Great  Britain.  The  only  method  by  which  it  is  possible  to  harmonise  bellig- 
erent action  with  the  rights  of  neutrals  is  for  the  belligerent  nation  to  provide  some  adequate 
machinery  by  which  in  any  such  case  the  facts  can  be  investigated  and  appropriate  redress 
can  be  obtained  by  the  neutral  individual.  In  this  country  such  machinery  is  provided  by  the 
powei-s  which  are  given  to  the  prize  court  to  deal  not  only  with  captures,  Ijut  also  with  claims 
for  compensation.  Order  Y,  rule  2,  of  the  British  prize  coiu-t  rules,  provides  that  where  a 
sliip  has  been  captured  as  prize,  but  has  been  subsequently  released  by  the  captors,  or  has  by 
loss,  destruction,  or  otlierwise  ceased  to  be  detained  by  them,  without  proceedings  for  condemna- 
tion having  been  taken,  any  person  interested  in  the  ship  (which  by  Order  I,  rule  2,  includes 
goods)  wishing  to  make  a  claim  for  costs  and  damages  in  respect  thereof,  shall  issue  a  writ  as 
provided  by  Order  II.  A  ^\Tit  so  issued  will  initiate  a  proceeding,  wliich  will  follow  its 
ortlinarj^  com'se  in  the  prize  court. 

Tills  rule  gives  the  prize  court  ample  jiu-isdiction  to  deal  with  any  claim  for  compensation 
by  a  neutral  arising  from  the  interference  witli  a  ship  or  goods  by  our  naval  forces.  The  best 
eviiknicc  that  can  be  given  of  the  discrimination  and  tlie  moderation  with  which  our  naval 
ofFicers  have  carried  out  their  duties  is  to  be  found  in  the  fact  that  up  to  this  time  no  proceedings 
for  the  recovery  of  compensation  have  been  initiated  under  the  ride  which  I  have  quoted. 

It  is  the  common  experience  of  every  war  tliat  neutrals  whose  attempts  to  engage  in 
suspicious  trading  arc  frustrated  by  a  belligerent  are  wont  to  have  recourse  to  their  Govern- 
ment to  urge  that  diplomatic  remonstrances  should  be  ma<le  on  their  behalf,  and  tliat  redress 
should  be  obtained  for  them  in  tliis  way.  Wlien  an  effective  mode  of  redress  is  open  to  them  in 
the  coiu-ts  of  a  civilized  country  by  which  they  can  obtain  adequate  satisfaction  for  any  inva- 
sion of  their  rights  which  is  contrary  to  the  law  of  nations,  the  only  com'se  which  is  consistent 
with  sound  principle  is  that  they  should  be  referred  to  that  mode  of  redi'css,  and  that  no 
diplomatic  action  should  be  taken  until  their  legal  remedies  have  been  exhausted,  and  they  are 
in  a  position  to  show  prima  facie  denial  of  justice. 

The  course  adopted  by  His  Majesty's  Govenmaent  during  the  American  Civil  War  was 
in  strict  accordance  witli  this  principle.  In  spite  of  remonstrances  from  many  quarters,  they 
placed  full  reliance  on  the  American  prize  courts  to  grant  redress  to  the  parties  interested  in 
cases  of  alleged  WTongful  capture  by  American  ships  of  war,  and  put  forward  no  claims  until 
the  opportunities  for  redress  in  those  courts  had  been  exhausted.  The  same  course  was  adopted 
in  the  Spanish- American  War,  when  all  British  subjects  who  complained  of  captm-es  or  deten- 
tions of  tlieir  ships  were  referred  to  tlie  prize  courts  for  relief. 

Before  leaving  the  subject  may  I  remind  Your  Excellency  of  the  fact  that  at  yom*  request 
you  are  now  sui^plied  immediately  by  this  department  with  particulars  of  every  ship  under 
American  coloi's  whicli  is  detained,  and  of  every  shipment  of  cargo  in  which  an  ^Vmcrican 
citizen  appeal's  to  be  the  party  interested.  Not  only  is  the  fact  of  detention  notified  to  Your 
Excellency,  but  so  far  as  is  practicable  the  gi'ounds  upon  which  the  vessel  or  cargo  has  been 
detained  arc  also  communicated  to  you;  a  concession  whicli  enables  any  United  States  citizen  to 
take  steps  at  once  to  protect  his  interests. 

His  Majesty's  Government  have  also  done  all  that  lies  in  their  power  to  insure  rapid 
action  when  ships  are  reported  in  British  ports.  They  realize  that  the  sliip  and  cargo  owniers 
may  reasonably  expect  an  imniediato  decision  to  be  taken  as  to  whetlier  the  ship  may  ho 
allowed  to  proceed,  and  whether  her  cargo  or  any  part  of  it  must  be  discharged  and  put  into 


50  RESTRAINTS   OX    COMMERCE. 

the  prize  court.  Kealizing  that  the  ordinary  methods  of  interdepartmental  correspondent 
mio'ht  cause  delays  which  could  be  obviated  by  another  method  of  procedure,  they  established 
several  moutlis  ago  a  special  committee,  on  wliich  all  the  departments  concerned  are  repre- 
sented. Tliis  committee  sits  daily,  and  is  provided  with  a  special  clerical  staff.  As  soon  as 
a  ship  reaches  port  fidl  particiUars  are  telegraphed  to  London,  and  the  case  is  dealt  with  at 
the  next  meeting  of  the  committee,  immediate  steps  being  taken  to  cany  out  the  action  decided 
upon.  By  the  adoption  of  this  procedure  it  has  been  found  possible  to  reduce  to  a  minimum 
the  delays  to  which  neutral  shipping  is  exposed  by  the  exercise  of  belligerent  rights,  and  by 
the  necessity,  imposed  by  modern  conditions,  of  examining  with  care  the  destination  of  contra- 
band articles. 

Particular  attention  is  directed  in  Your  Excellency's  note  to  the  policA'  we  are  pursuing 
with  regard  to  conditional  contraband,  especiaUj"  foodstuffs,  and  it  is  there  stated  that  a  num- 
ber of  American  cargoes  have  been  seized  without,  so  far  as  Your  Excellency's  Government 
are  informed,  our  being  in  possession  of  facts  which  warranted  a  reasonable  behef  that  the 
shipments  had  in  reaht\'  a  belligerent  destination,  and  in  spite  of  the  presumption  of  uuioccnt 
use  due  to  their  being  destined  to  neutral  territory.  The  note  does  not  specify  any  particular 
seizures  as  those  which  formed  the  basis  of  this  complaint,  and  I  am  therefore  not  aware 
whether  the  passage  refers  to  cargoes  which  were  detamed  before  or  suice  the  order  in  council 
of  the  29th  October  was  issued. 

Yoiu-  Excellency  will  no  douljt  remember  that  soon  after  the  outbreak  of  war  an  order  of 
His  Majesty  in  comicil  was  issued  under  which  no  distinction  was  draw-n  in  the  apphcation  of 
the  doctrine  of  continuous  voyage  between  absolute  contraband  and  conditional  contraband,  and 
which  also  imposed  upon  the  neutral  owner  of  contraband  somewhat  drastic  conditions  as  to  the 
burden  of  proof  of  the  guUt  or  imiocence  of  the  shipment. 

The  principle  that  the  burden  of  proof  should  always  be  imposed  upon  the  captor  has 
usually  been  admitted  as  a  theory.  In  practice,  however,  it  has  almost  always  been  otherwise, 
and  any  student  of  the  prize  courts  decisions  of  the  past  or  even  of  modern  wars  wdl  find  that 
goods  seldom  escape  condemnation  unless  then*  owner  was  in  a  position  to  prove  that  their 
destination  was  umocent.  An  attempt  was  made  some  few  years  ago,  m  the  unratified  Declara- 
tion of  London,  to  formulate  some  definite  ndes  upon  this  subject,  but  time  alone  can  show 
whether  the  rules  there  laid  do\\ni  will  stand  the  test  of  modern  warfare. 

The  rules  which  His  Majesty's  Government  published  m  the  order  in  councU  of  the  20th 
August,  1914,  were  criticised  by  the  United  States  Government  as  contrarj-  to  the  generall}- 
recognized  principles  of  international  law,  and  as  infhcting  umiecessary  hardship  upon  neutral 
commerce,  and  Your  Excellency  'satII  remember  the  prolonged  discussion  which  took  place 
between  us  tlirough  the  month  of  October  with  a  view  to  finding  some  new  formulae  which 
should  enable  us  to  restrict  supplies  to  the  enemy  forces,  and  to  prevent  the  supply  to  the  enemy 
of  materials  essential  for  the  makmg  of  mtmitions  of  war,  while  inflicting  the  minimum  of 
injury  and  interference  with  neutral  commerce.  It  was  with  this  object  that  the  order  in  coun- 
cil of  the  29th  October  was  issued,  under  the  provisions  of  which  a  far  greater  measure  of  im- 
munity is  conferred  upon  neutral  commerce.  In  that  order  the  principle  of  noninterference 
with  conditional  contraband  on  its  way  to  a  neutral  port  is  in  large  measure  admitted;  only 
in  three  cases  is  the  right  to  seize  maintained,  and  in  all  those  cases  the  opportunity  is  given 
to  the  claimant  of  the  goods  to  estabhsh  their  innocence. 

Two  of  those  cases  are  where  the  ship's  papers  afford  no  information  as  to  the  person  for 
whom  the  goods  are  intended.  It  is  only  reasonable  that  a  belligerent  should  be  entitled  to 
regard  as  suspicious  cases  where  the  shippers  of  the  goods  do  not  choose  to  disclose  the  name  of 
the  individual  who  is  to  receive  them.  The  third  case  is  that  of  goods  adch'essed  to  a  person 
in  the  enemy  territory.  In  the  peculiar  circumstances  of  the  present  struggle,  where  the  forces 
of  the  enemy  comprise  so  large  a  proportion  of  the  population,  and  where  there  is  so  Httle 
evidence  of  shipments  on  private  as  distinguished  from  Government  account,  it  is  most  rea- 
sonable that  the  burden  of  proof  should  rest  upon  the  claimant. 

The  most  difficult  questions  in  connection  with  conditional  contraband  arise  with  reference 
to  the  shipment  of  foodstuffs.  Xo  country  has  maintained  more  stoutly  than  Great  Britain  in 
modern  times  the  principle  that  a  beUigerent  should  abstam  from  interference  with  the  food- 
stuffs intended  for  the  civd  population.  The  circumstances  of  the  present  struggle  are  causing 
His  Majesty's  Government  some  anxiety  as  to  whether  the  existing  rules  with  regard  to  condi- 
tional contraband,  framed  as  they  were  with  the  object  of  protecting  so  far  as  possible  the 
supphes  which  were  intended  for  the  civU  population,  are  effective  for  the  purpose,  or  suitable 
to  the  conditions  present.  The  principle  which  I  have  indicated  above  is  one  which  His 
Majesty's  Government  have  constantly  had  to  uphold  against  the  opposition  of  contuiental 
powers.  In  the  absence  of  some  certainty  that  the  rule  would  be  respected  by  both  parties  to 
this  conflict,  we  feel  great  doubt  whether  it  should  be  regarded  as  an  established  principle  of 
international  law. 


EESTEAINTS   OX    COMMERCE.  51 

Your  Excellency  \vill,  no  doubt,  remember  that  in  1885,  at  the  time  when  His  Majesty's 
Government  were  discussing  with  the  French  Government  this  question  of  the  right  to  declare 
foodstuffs  not  intended  for  the  military  forces  to  be  contraband,  and  when  public  attention 
had  been  drawni  to  the  matter,  the  Kiel  Chamber  of  Commerce  applied  to  the  German  Govern- 
ment for  a  statement  of  the  latter's  views  on  the  subject.  Prince  Bismarck's  answer  was  as 
follows: 

In  answer  to  their  representation  of  the  1st  instant,  I  reply  to  the  Giamber  of  Commerce  that  any  disadvantage 
our  commeriial  and  carrj-ing  interests  may  suffer  by  the  treatment  of  rice  as  contraband  of  war  does  not  justify  our 
opposing  a  measure  which  it  has  been  thought  fit  to  take  in  carrjdng  on  a  foreign  war.  Every  war  is  a  calamity,  which 
entails  evil  consequences  not  only  on  the  combatants,  but  also  on  neutrals.  These  evils  may  easily  be  increased  by 
the  interference  of  a  neutral  power  with  the  way  in  which  a  third  carries  on  the  war,  to  the  disadvantage  of  the  sub- 
jects of  the  interfering  power,  and  by  this  means  German  commerce  might  be  weighted  with  far  heavier  losses  than 
a  transitorj'  prohibition  of  the  rice  trade  in  Chinese  waters.  The  measure  in  question  has  for  ils  object  the  shortening  of 
the  uar  by  increasing  the  difficulties  of  the  enemy,  and  is  a  justifiable  step  in  war  if  impartially  enforced  against  all  neutral 
ships. 

His  Majesty's  Government  are  disposed  to  think  that  the  same  view  is  still  maintained 
by  the  German  Government. 

^^jiother  circumstance  wliich  is  now  coming  to  light  is  that  an  elaborate  machinery  has 
been  organized  by  the  enemy  for  the  supply  of  foodstuffs  for  the  use  of  the  German  army 
from  overseas.  Under  these  circumstances  it  would  be  absurd  to  give  any  definite  pledge  that 
in  cases  where  the  supplies  can  be  proved  to  be  for  the  use  of  the  enemy  forces  they  should 
be  given  complete  immunity  by  the  simple  expedient  of  dispatching  them  to  an  agent  in  a 
neutral  port. 

The  reason  for  drawing  a  distinction  between  foodstuffs  intended  for  the  civil  popula- 
tion and  those  for  the  armed  forces  or  enemy  Government  disappears  when  the  distinction 
between  the  civil  popiUation  and  the  armed  forces  itseK  disappears. 

In  any  country  in  wliich  there  exists  such  a  tremendous  organization  for  war  as  now 
obtains  in  Germany  there  is  no  clear  division  between  those  whom  the  Government  is  respon- 
sible for  feeding  and  those  whom  it  is  not.  Experience  shows  that  the  power  to  requisition 
wiU  be  used  to  the  fidlest  extent  in  order  to  make  sure  that  the  wants  of  the  military  are 
supplied,  and  however  much  goods  may  be  imported  for  civil  use  it  is  by  the  military  that 
thoy  will  be  consiuued  if  military  exigencies  require  it,  especially  now  that  the  German  Gov- 
ernment have  taken  control  of  all  the  foodstuffs  in  the  country. 

I  do  not  wish  to  overburden  this  note  with  statistics,  but  in  proof  of  my  statement  as  to 
the  unprecedented  extent  to  wliich  supphes  are  reaching  neutral  ports  I  should  Uke  to  instance 
the  figures  of  the  exports  of  certain  meat  products  to  Denmark  diuing  the  months  of  September 
and  October.  Denmark  is  a  coimtry  wliich  in  normal  times  imports  a  certain  quantity  of  such 
products,  but  exports  stiU  more.  In  1913,  during  the  above  two  months,  the  United  States 
exports  of  lard  to  Denmark  were  ml,  as  compared  ^vith  22,652,598  pounds  in  the  same  two 
months  of  1914.  The  corresponding  figures  with  regard  to  bacon  were:  1913,  nil;  1914, 
1,022,195  pounds;  canned  beef,  1913,  nil;  1914,  151,200  pounds;  pickled  and  cured  beef,  1913, 
42,901  pounds;  1914,  156,143  pounds;  pickled  pork,  1913,  nil;  1914,  812,872  pounds. 

In  the  same  two  months  the  United  States  exported  to  Denmark  280,176  gallons  of  mineral 
lubricating  oil  in  1914  as  compared  with  179,252  in  1913;  to  Norway,  335,468  gallons  in  1914, 
as  against  151,179  gallons  in  1913;  to  Sweden,  896,193  gallons  in  1914,  as  against  385,476  gallons 
in  1913. 

I  have  already  mentioned  the  framing  of  the  order  in  council  of  the  20th  October,  and 
the  transmission  to  your  ExceUencj^  of  particidars  of  ships  and  cargoes  seized  as  instances  of 
the  efforts  which  we  have  made  throughout  the  course  of  this  war  to  meet  all  reasonable  com- 
plauits  made  on  behalf  of  ^Vmerican  citizens,  and  in  my  note  of  the  7th  January  I  alluded  to 
the  decision  of  our  prize  court  in  the  case  of  the  Miramichi,  as  evidencing  the  Uberal  principles 
adopted  toward  neutral  commerce. 

I  should  also  hke  to  refer  to  the  steps  which  we  took  at  the  beginning  of  the  war  to  insure 
the  speedy  release  of  cargo  claimed  by  neutrals  on  board  enemy  ships  which  were  captured 
or  detained  at  the  outbreak  of  war.  Under  our  prize  court  rules  release  of  such  goods  can 
be  obtained  without  the  necessity  of  entering  a  claim  in  the  prize  court  if  the  documents  of 
title  are  produced  to  the  officer  representing  His  Majesty's  Government,  and  the  title  to  the 
goods  is  established  to  his  satisfaction.  It  wa.s  shortly  found,  however,  that  this  procedure 
did  not  provide  for  the  case  where  the  available  evidence  was  so  scanty  that  the  officer  repre- 
senting the  Crown  was  not  justified  in  consenting  to  a  release.  In  order,  therefore,  to  amelio- 
rate the  situation  we  estabhshed  a  speciid  committee,  with  full  powers  to  authorise  the  release 
of  goods  without  insisting  on  full  evidence  of  title  being  produced.  This  committee  dealt 
with  the  utmost  expedition  with  a  large  number  of  claims.  In  the  great  majority  of  cases 
the  goods  claimed  were  released  at  once.     In  addition  to  the  cases  dealt  with  by  this  com- 


52  RESTRAINTS   OX    COMMERCE. 

mittcc  a  very  large  amount  of  cargo  was  released  at  once  by  the  procurator  general  on  produc- 
tion of  documents.  Claimants  therefore  obtained  their  goods  without  the  necessity  of  apply- 
ing to  the  prize  court  and  of  incurring  the  expense  involved  in  retaining  lawyei-s,  and  without 
the  risk,  which  was  m  some  cases  a  considerable  one,  of  the  goods  beuig  eventually  held  to  be 
enemy  j^roperty  and  condemned.  We  have  reason  to  know  that  our  action  in  this  matter  was 
highh-  appreciated  by  mimy  American  citizens. 

Another  instance  of  the  efforts  which  His  Majesty's  Government  have  made  to  deal  as 
leniently  as  possible  with  neutral  interests  may  be  fomid  in  the  policy  which  we  have  followed 
with  regard  to  the  transfer  to  a  neutral  flag  of  enemy  ships  belonging  to  companies  which 
were  incorporated  in  the  enemy  co\mtry,  but  all  of  whose  shareholders  were  neutral.  The 
rules  appUed  by  the  British  and  by  the  American  prize  courts  have  alwaj's  treated  the  flag 
as  conclusive  in  favour  of  the  captors  in  spite  of  neutral  proprietary  interests  (see  the  case 
of  the  Pedro,  175  U.  S.,  354).  In  several  cases,  however,  we  have  consented  to  waive  our 
belligerent  rights  to  treat  as  enemy  vessels  ships  belongrag  to  companies  incorporated  in 
Germany  which  were  subsidiary  to  and  owned  by  American  corporations.  The  only  condition 
which  we  have  imposed  is  that  these  vessels  should  take  no  further  part  in  trade  with  the 
enemy  country. 

I  have  given  these  indications  of  the  policy'  wliich  we  have  followed,  because  I  cannot 
help  feeling  that  if  the  facts  were  more  fully  known  as  to  the  efforts  which  we  have  made 
to  avoid  inflicting  any  avoidable  injury  on  neutral  interests,  many  of  the  complamts  which 
have  been  received  by  the  administration  in  Washington,  and  which  led  to  the  protest  which 
yovu"  Excellency  handed  to  me  on  the  29th  December  would  never  have  been  made.  My  hope 
is  that  when  the  facts  which  I  have  set  out  above  are  realised,  and  when  it  is  seen  that  our 
naval  operations  have  not  diminished  American  trade  with  neutral  countries,  and  that  the 
lines  on  wliich  we  have  acted  are  consistent  with  the  fundamental  prmciples  of  international 
law,  it  will  be  apparent  to  the  Govermncnt  and  people  of  the  United  States  that  His  Majesty's 
Govcrmucut  have  hitherto  endeavoured  to  exercise  their  belligerent  rights  with  every  possible 
consideration  for  the  interests  of  neutrals. 

It  win  still  be  our  endeavour  to  avoid  injury  and  loss  to  neutrals,  but  the  annoimcement  by 
the  German  Government  of  theu*  intention  to  sink  merchant  vessels  and  then-  cargoes  without 
verification  of  their  nationality  or  character,  and  without  making  an}'  provision  for  the  safety 
of  non-combatant  crews  or  giving  them  a  chance  of  saving  their  lives,  has  made  it  necessary  for 
His  Majesty's  Government  to  consider  what  measures  they  should  adopt  to  protect  their 
interests.  It  is  impossible  for  one  belligerent  to  depart  from  i-ules  and  precedents  and  for  the 
other  to  remain  bound  by  them. 

I  have  the  honour,  etc.,  etc.,  (Signed)  E.  Grey. 

To  His  ExceUencv 

The  Hon'""  W.  H.  Page 
etc.,  etc.,  etc. 


File  Xo.  TC3.72/1495. 


Amhassador  Gerard  to  the  Secretary  of  State. 


No.  525.]  American  Embassy, 

Berlin,  February  6, 1915. 

Sir:  I  have  the  honor  to  transmit  to  you  herewith  two  copies  of  the  proclamation  of  the 
German  Admu-alty  of  February  4,  1915,  declaring  the  waters  surromiding  Great  Britam  and 
Ireland  to  be  comprised  M-ithm  the  seat  of  war,  as  well  as  two  copies  each  in  German  and 
French  of  the  memorial  of  the  Imperial  Government  on  this  subject  and  an  English  translation 
of  the  same. 

I  have,  etc., 

James  W.  Gerard. 


(Inclosurc  1— Translation.] 
PROCLAMATION". 

1.  The  waters  surrounding  Great  Britain  and  Ireland  including  the  whole  English  channel  are  hereby  declared 
to  be  war  zone.  On  and  after  the  ISth  of  February,  1915,  everj-  enemj'  merchant  ship  found  in  the  said  war  zone  will 
be  destroyed  without  its  being  always  possible  to  avert  the  dangers  threatening  the  crews  and  passengers  on  that  account. 

2.  Even  neutral  ships  are  exposed  to  danger  in  the  war  zone  as  in  view  of  the  misuse  of  neutral  flags  ordered  on 
January  31  by  the  British  Government  and  of  the  accidents  of  naval  war,  it  can  not  always  be  avoided  to  strike  even 
neutral  ships  in  attacks  that  are  directed  at  enemy  ships. 


RESTRAIXTS    OX    COMMERCE.  53 

3.  Northward  navigation  around  the  Shetland   Islands,  in  the  eastern  waters  of  the  Xorth  Sea  and  in  a  -trip  of 
not  less  than  30  miles  width  along  the  Netherlands  coaat  is  in  no  danger. 

VON    POHL, 

Chitfofihe  Admiral  Staff  of  tite  Navy, 
Berlin',  Fehritary  4,  1915. 


[Inclosiire  2— Translation.) 

MEMORIAL  OF  THE  IMPERI.^L  GERMAN  OOVERMMENT  RESPECTING  RETALIATOtlV  MEASURES  RENDERED  NECESSARY  BY 
THE  MEANS  EMPLOYED  BY  ENGLAND  CONTRARY  TO  INTERNATIONAL  LAW  IN  INTERCEPTINO  NEUTRAL  MARITIME 
TRADE    WITH   GERMANY. 

Since  the  commencement  of  the  present  war  Great  Britain's  conduct  of  commercial  warfare  against  Germany 
has  been  a  mockery  of  all  the  principles  of  the  law  of  nations.  \\'hile  the  Brili.»h  Government  have  by  several  orders 
declared  that  their  naval  forces  should  be  guided  by  the  stipulations  of  the  Declaration  of  London,  they  have  in  reality 
repudiated  this  Declaration  in  the  most  essential  point.-),  notwithstanding  the  fact  that  their  own  delegates  at  the 
Maritime  Conference  of  London  acknowledged  its  acts  as  forming  part  of  existing  international  law.  The  British 
Government  have  placed  a  number  of  articles  on  the  contraband  list  which  are  not  at  all,  or  only  very  indirectly 
capable  of  iwe  in  warfare,  and  consequently  can  not  be  treated  as  contraband  cither  under  the  Declaration  of  London 
or  under  the  generally  acknowledged  rules  of  international  law.  In  addition,  they  have  in  fact  obliterated  the  dis- 
tinction between  absolute  and  conditional  contraband  by  confiscating  all  arti'les  of  conditional  contraband  destined 
for  Germany,  whatever  may  be  the  port  where  these  articles  are  to  be  unloaded,  and  without  regard  to  whether  they 
are  destined  for  uses  of  war  or  peace.  They  have  not  even  hesitated  to  violate  the  Declaration  of  Paris,  since  their 
naval  forces  have  captured  on  neutral  ships  German  property  which  was  not  contraband  of  war.  Furthermore,  they 
have  gone  further  than  their  own  orders  respecting  the  Declaration  of  London  and  rau-^cd  numerous  German  subjects 
capable  of  bearing  arms  to  be  taken  from  neutral  ship,s  and  made  prisoners  of  war.  Finally,  they  have  declared  the 
North  Sea  in  it.t  whole  extent  to  be  the  .seat  of  war,  thereby  rendering  difficult  and  extremely  dangerous,  if  not  impos- 
sible, all  navigation  on  the  high  seas  between  Scotland  and  Nonvay,  so  that  they  have  in  a  way  e«tablishe<i  a  block- 
ade of  neutral  coasts  and  ports,  which  is  contrary  to  the  elementary  principles  of  generally  accepted  international  law. 
Clearly  all  these  measures  are  part  of  a  plan  to  strike  not  only  the  German  military  operations  but  also  the  economic 
system  of  Germany,  and  in  the  end  to  deliver  the  whole  German  people  to  reduction  by  famine,  by  intercepting 
legitimate  neutral  commerce  by  method*  contrary  to  international  law. 

The  neutral  powers  have  in  the  main  acquiesced  in  the  measures  of  the  British  Government;  in  particular 
they  have  not  been  successlul  in  securing  the  release  by  the  British  Government  of  tlie  German  subjects  and 
Cierman  merchandise  illegally  taken  from  their  vessels.  To  a  certain  extent  they  have  even  contributed  toward  the 
execution  of  the  measures  adopted  by  England  in  defiance  of  the  principle  of  the  freedom  of  the  seas  by  prohibiting 
the  export  and  transit  of  goods  destined  tor  peaceable  purposes  in  Germany,  thus  exidently  yielding  to  pressure  by 
England.  The  Cierman  Government  have  in  vain  called  the  attention  of  the  neutral  powers  to  the  fact  that  Germany 
must  seriously  question  whether  it  can  any  longer  adhere  to  the  stipulations  of  the  declaration  of  London,  hitherto 
strictly  obser\ed  by  it.  in  case  England  continues  to  adhere  to  its  practice,  and  the  neutral  powers  per-sLst  in  looking 
with  indulgence  upon  all  these  \-iolations  of  neutrality  to  the  detriment  of  Germany.  Great  Britain  invokes  the  vital 
interest  of  the  British  Empire  which  are  at  stake  in  justification  of  its  violations  of  the  Ian-  of  nations,  and  the  neutral 
powers  appear  to  be  satLsfied  ■with  theoretical  protests,  thtis  actually  admitting  the  vital  interests  of  a  belligerent  aa 
a  sufficient  excu.«e  for  methods  of  waging  war  of  whatever  description. 

The  time  has  come  for  Germany  also  to  invoke  such  ^•ital  interests.  It  therefore  finds  itself  under  the  necessity, 
to  its  regret,  of  taking  military  measures  against  England  in  retaliation  of  the  practice  followed  by  England.  Just 
as  England  declared  the  whole  North  Sea  between  Scotland  and  Norway  to  be  comprised  within  the  seat  of  war,  so 
does  Germany  now  declare  the  waters  surrounding  Great  Britain  and  Ireland,  including  the  whole  English  Channel 
to  I>e  comprised  within  the  seat  of  war.  and  will  prevent  by  all  the  mililarj-  means  at  its  disposal  all  na^'igation  by 
the  enemv'  in  those  waters.  To  this  end  it  will  endeavor  to  destroy,  after  February  18  next,  any  merchant  vessels 
of  the  enemy  which  present  themselves  at  the  seat  of  war  above  indicated,  although  it  may  not  always  he  possible 
to  avert  the  dangers  which  may  menace  persons  and  merchandise.  Neutral  powers  are  accordingly  forewarned  not 
to  continue  to  entru.st  their  crews,  passengers,  or  merchandise  to  such  vessels.  Their  attention  is  furthermore  called 
to  the  fact  that  it  is  of  urgency  to  recommend  to  their  own  vessels  to  steer  clear  of  these  waters.  It  is  true  that  the 
German  Navy  has  received  instructions  to  abstain  from  all  \'iolence  against  neutral  vessels  recognizable  as  such;  but 
in  view  of  the  hazards  of  war,  and  of  the  misuse  of  the  neutral  flag  ordered  by  the  British  Government,  it  will  not 
always  be  po.ssible  to  prevent  a  neutral  vessel  from  becoming  the  \-ictim  of  an  attack  intended  to  be  directed  against 
a  vessel  of  the  enemy.  It  i.s  expressly  declared  that  navigation  in  the  waters  north  of  the  Shetland  Islands  is  outside 
the  danger  zone,  as  well  as  naA-igation  in  the  eastern  part  of  the  North  Sea  and  in  a  zone  thirty  marine  miles  wide 
along  the  Dutch  coast. 

The  German  Government  announces  this  measure  at  a  time  permitting  enemy  and  neutral  ships  to  make  the 
necessar>-  arrangements  to  reach  the  ports  situated  at  the  scat  of  war.  They  hope  that  the  neutral  powers  will  accord 
consideration  to  the  vital  interests  of  Germany  equally  with  those  of  England,  and  will  on  their  part  a.ssist  in  keeping 
their  subjects  and  their  goods  far  from  the  seat  of  war;  the  more  so  since  they  likewise  have  a  great  interest  in  seeing 
the  termination  at  an  early  day  of  the  war  now  ravaging. 

Berlin,  February  4.  1915. 

97666°— 15 8 


54  RESTRAINTS   ON    COMMERCE. 

File  No.  763.72/1434.] 

The  Secretary  of  State  to  Amhassador  Gerard. 

[Telegram.] 

Department  of  State, 

Washington,  Fehruary  10,  1915. 

Plca-sc  address  a  uoto  immediately  to  the  Imperial  GoiTaan  Government  to  the  following 
effect: 

The  Government  of  the  United  States,  having  had  its  attention  directed  to  the  jjroclama- 
tion  of  the  German  Admirality  issued  on  the  fourth  of  February,  that  the  watei's  suiTounding 
Great  Britain  and  Ireland,  including  the  whole  of  the  English  Chamiel,  are  to  be  considered 
as  com])rised  within  the  scat  of  war;  that  all  enemy  merchant  vessels  found  in  those  waters 
after  the  eighteenth  instant  will  be  destroyed,  although  it  may  not  always  be  jjossible  to  save 
crews  and  passengers:  and  that  neutral  vessels  expose  themselves  to  danger  within  this  zone  of 
war  because,  in  view  of  the  misuse  of  neutral  flags  said  to  have  been  ordered  by  the  British 
Government  on  the  thirty-fii"st  of  January  and  of  tlie  contingencies  of  maritime  warfare,  it  may 
not  be  possible  always  to  exemjit  neutral  vessels  from  attacks  intended  to  strike  enemy  ships, 
feels  it  to  be  its  duty  to  call  the  attention  of  the  Imperi^d  German  Govenunent,  with  sincere 
respect  and  the  most  friendly  sentiments  but  very  candidly  and  earnestly,  to  the  very  serious 
possibilities  of  the  course  of  action  apparently  contemplated  under  that  proclamation. 

The  Government  of  the  United  States  views  those  possibilities  with  such  grave  concern 
that  it  feels  it  to  be  its  i)rivilegc,  and  indeed  its  duty  in  the  circumstances,  to  request  the 
Imperial  German  Government  to  consider  before  action  is  taken  the  critical  situation  in  respect 
of  the  relations  between  this  country  and  Germany  which  might  arise  were  the  German  naviil 
forces,  in  carrying  out  the  policy  foreshadowed  in  the  Admiralty's  proclamation,  to  destroy 
any  merchant  vessel  of  the  United  States  or  cause  the  death  of  American  citizens. 

It  is  of  course  not  necessary  to  remind  the  German  Govermnent  that  tlie  sole  right  of  a 
belligerent  in  dealing  with  neutral  vessels  on  the  high  seas  is  hmited  to  visit  and  search,  unless 
a  blockade  is  proclaimed  and  effectively  maintained,  which  this  Government  does  not  under- 
stand to  be  proposed  in  this  case.  To  declare  or  exercise  a  right  to  attack  and  destroy  any 
vessel  entering  a  prescribed  area  of  the  high  seas  without  first  certamly  determining  its  bellig- 
erent nationality  and  the  contraband  character  of  its  cargo  would  be  an  act  so  unprecedented 
in  naval  warfare  that  this  Government  is  reluctant  to  believe  tliat  the  Imperial  Government  of 
Germany  in  tliis  case  contemplates  it  as  possible.  Tlic  suspicion  that  enemj'  ships  are  using 
neutral  flags  improperly  can  create  no  just  presumption  that  all  ships  traversing  a  prescribed 
area  are  .subject  to  the  same  suspicion.  It  is  to  determine  exactly  such  questions  that  this  Gov- 
ernment understands  the  right  of  visit  and  search  to  have  been  recognized. 

This  Government  has  carefully  noted  the  explanatory  statement  issued  by  the  Imperial 
German  Government  at  the  same  time  with  the  proclamation  of  the  German  Admiralty,  and 
takes  this  occasion  to  remind  the  Imperial  German  Government  very  respectfully  that  the  Gov- 
ernment of  the  United  States  is  open  to  none  of  the  criticisms  for  unneutral  action  to  which  the 
German  Government  believe  the  governments  of  certain  of  other  neutral  nations  have  laid 
themselves  open;  that  the  Government  of  the  United  States  has  not  consented  to  or  acquiesced 
in  any  measures  which  may  have  been  taken  by  the  other  belligerent  nations  in  the  present 
war  wMch  operate  to  restrain  neutral  trade,  but  has,  on  the  contrary,  taken  in  all  such  matters 
a  position  which  wan-ants  it  in  holding  those  governments  responsible  in  the  proper  way  for 
any  untoward  effects  upon  iVmerican  shipping  which  the  accepted  principles  of  international 
law  do  not  justify:  and  that  it,  therefore,  regards  itself  as  free  in  the  present  instance  to  take 
with  a  clear  conscience  and  upon  accepted  principles  the  position  indicated  in  this  note. 

If  the  commanders  of  German  vessels  of  war  should  act  upon  the  presumption  that  the 
flag  of  the  United  States  was  not  being  used  in  good  faith  and  should  destroy  on  the  high  seas 
an  American  vessel  or  the  lives  of  American  citizens,  it  woidd  be  chfficult  for  the  Government 
of  the  United  States  to  view  the  act  in  any  other  light  than  as  an  indefensible  violation  of 
neutral  rights  which  it  would  be  vcrj^  hard  indeed  to  reconcile  wdth  the  friendly  relations  now 
so  happily  subsisting  between  the  two  Governments. 
,  If  such  a  deplorable  situation  should  arise,  the  Imperial  German  Government  can  readily 

appreciate  that  the  Govermnent  of  the  United  States  would  be  constrained  to  hold  the  Imperial 
German  Government  to  a  strict  accountability  for  such  acts  of  their  naval  authorities  and  to 
take  any  steps  it  might  be  necessary  to  take  to  safeguard  American  lives  and  property  and  to 
secure  to  American  citizens  the  full  enjoyment  of  their  acknowledged  rights  on  the  high  seas. 

The  Government  of  the  United  States,  in  view  of  these  considerations,  which  it  urges  with 
the  greatest  respect  and  with  the  sincere  piu-pose  of  making  sure  that  no  misunderstanding 
may  arise  and  no  circumstance  occur  that  might  even  cloud  the  intercoiu'se  of  the  two  Govern- 


RESTRAINTS   ON    COMMERCE.  55 

ments,  expresses  the  confident  hope  and  expectation  that  the  Imperial  German  Government 
can  and  will  give  assurance  that  American  citizens  and  their  vessels  will  not  be  molested  by 
the  naval  forces  of  Germany  otherwise  than  by  visit  and  search,  though  their  vessels  may  be 
traversing  the  sea  area  delimited  in  the  proclamation  of  the  German  Admiralty. 

It  is  added  for  the  information  of  the  Imperial  Government  that  representations  have 
been  made  to  His  Britannic  Majesty's  Govermnent  in  respect  to  the  unwarranted  use  of  the 
American  flag  for  the  protection  of  British  ships. 

Bkya.v. 


File  No.  811.0151/33. 

The  Secretary  of  State  to  Ambassador  11'.  //.  Pufit . 
[T(<l('f;rain.] 

Department  of  State, 
Washington,  February  10, 1915. 

The  department  has  been  advised  of  the  Declaration  of  the  German  Admiralty  on  Feb- 
ruary fourth,  indicating  that  the  British  Government  had  on  January  thirty-first  explicitly 
authorized  the  use  of  neutral  flags  on  British  merchant  vessels  presumably  for  the  purpo.se  of 
avoiding  recognition  by  German  naval  forces.  The  departments  attention  has  also  been 
directed  to  reports  in  the  press  that  the  captain  of  the  Lusitama,  acting  upon  orders  or  in- 
formation received  from  the  British  authorities,  raised  the  American  flag  as  his  vessel 
approached  the  British  coasts,  m  order  to  escape  anticipated  attacks  by  German  submarines. 
To-day's  press  reports  also  contain  an  alleged  official  statement  of  the  Foreign  Oflice  defend- 
mg  the  use  of  the  flag  of  a  neutral  country  by  a  l)elligprent  vessel  in  order  to  escape  capture 
or  attack  by  an  enemy. 

Assuming  that  the  foregoing  reports  are  true,  the  Government  of  the  United  States,  reserv- 
ing for  future  consideration  the  legality  and  ])ropriety  of  tiie  deceptive  use  of  the  flag  of  a 
neutral  power  hi  any  case  for  the  purpose  of  avoiduig  capture,  desires  very  respectfully  to  point 
out  to  His  Britannic  Majesty's  Government  the  serious  consequences  which  may  result  to 
American  vessels  and  American  citizens  if  this  practice  is  continued. 

The  occasional  use  of  the  flag  of  a  neutral  or  an  enemy  under  the  stress  of  immediate  pur- 
suit and  to  deceive  an  approaching  enemy,  which  appears  by  tlie  press  reports  to  be  represented 
as  the  precedent  and  justification  used  to  support  this  action,  .seems  to  this  Government  a  very 
difl'erent  thing  from  an  explicit  sanction  by  a  belligerent  government  for  its  merchant  ships 
generally  to  fly  the  flag  of  a  neutral  power  within  certam  portions  of  the  high  seas  which  are 
presumed  to  be  frequented  with  hostile  warships.  The  formal  declaration  of  such  a  policy  of 
general  misuse  of  a  neutral's  flag  jeopardizes  tlio  vessels  of  the  neutral  visitmg  those  waters  in 
a  peculiar  degree  by  raising  the  presumption  that  they  are  of  belligerent  nationality  regardless 
of  the  flag  which  they  may  carry. 

In  view  of  the  amiounced  purpose  of  the  German  Admiralty  to  engage  in  active  naval  oper- 
ations m  certain  delimited  sea  areas  adjacent  to  the  coasts  of  Great  Britain  and  Ireland,  the 
Government  of  the  United  States  woidd  view  with  anxious  solicitude  anv  <reneral  use  of  the  flas 
of  the  United  States  by  British  vessels  traversing  those  waters.  A  policy  such  as  the  one  wliich 
His  Majesty's  Government  is  said  to  intend  to  adopt  would,  if  the  declaration  of  the  German 
Admiralty  is  put  in  force,  it  seems  clear,  afl'ord  no  protection  to  British  vessels,  whOe  it  would 
be  a  serious  and  constant  menace  to  the  lives  and  vessels  of  American  citizens. 

The  Government  of  the  United  States,  therefore,  trusts  that  His  Majesty's  Government 
will  do  all  in  their  power  to  restrahi  vessels  of  British  nationality  from  the  deceptive  use  of  the 
flag  of  tlie  United  States  m  the  sea  ai'ea  defined  in  the  German  declaration,  since  such  prac- 
tice would  greatly  entlanger  the  vessels  of  a  friencUy  power  navigating  those  waters  and  would 
even  seem  to  impose  upon  the  Government  of  Great  Britain  a  measure  of  responsibility  for  the 
loss  of  American  lives  and  vessels  in  case  of  an  attack  by  a  German  naval  force. 

Please  present  a  note  to  Sir  Edward  Grej'  ui  the  sense  of  the  foregoing  and  impress  him 
with  the  grave  concern  wliicli  tlus  Government  feels  in  the  circumstances  in  regard  to  the  safety 
of  American  vessels  and  lives  in  the  war  zone  declared  by  the  German  Admiralty. 

You  may  add  that  this  Government  is  making  earnest  representations  to  the  German 
Government  in  r(\gard  to  the  danger  to  American  vessels  and  litizens  if  tlie  declaration  of  the 
Gerr.iiia  Achuiralty  is  ])ut  into  effect. 

Bryan. 


56  KESTRAIKTS   ON    COMMERCE. 

File  No.  763.72/1481. 

The  German  Minister  for  Foreign  Ajfalr.s  to  Ambassador  Gerard. 

Berlin,  February  16,  1915. 

Ill  reference  to  the  note  of  the  twelfth  instant,  Foreign  OfRce  number  twenty-two  sixty, 
relative  to  the  German  mea.sures  respectuig  the  theater  of  war  in  the  waters  suri'ounding 
England,  the  luidersigned  has  the  honor  to  reply  to  His  Excellenc}'  the  Ambassador  of  the 
United  States,  James  W.  Gerard,  as  follows: 

The  Imperial  German  Government  have  examuiod  the  communication  of  the  Govern- 
ment of  the  United  States  in  the  same  spirit  of  good  will  and  friendship  which  seems  to  liave 
prompted  tliis  communication. 

The  Imperial  German  Government  are  in  entire  accord  with  the  Government  of  the  United 
States  that  it  is  in  the  highest  degree  desirable  for  all  parties  to  avoid  the  misunderstanding 
whicli  might  arise  from  tlic  measures  announced  by  the  German  Admiralty  and  to  avert  tlic 
intrusion  of  events  calculated  to  interrupt  tlie  most  friendly  relations  wliich  liave  so  ]ia])pily 
existed  between  the  two  Governments  up  to  this  time. 

On  this  assurance  the  Gennan  Government  believe  that  they  may  depend  on  full  under- 
standing on  the  part  of  the  United  States,  all  the  more  because  the  action  amiounced  b}-  the 
German  Admiralty,  as  was  dwelt  upon  at  length  m  the  note  of  the  fourth  instant,  is  in  no  wise 
directed  against  the  legitimate  trade  and  navigation  of  neutral  states,  but  merely  represents 
an  act  of  self-defense  which  Germany's  vital  interests  force  her  to  take  against  England's 
method  of  conducting  maritime  war  in  defiance  of  international  law,  which  no  protest  on  tlie 
part  of  neutrals  has  availed  to  bring  into  accordance  with  the  legal  status  generally  recognized 
before  the  outbreak  of  hostilities. 

In  order  to  exclude  all  possible  doubt  on  this  cardinal  point  the  German  Government  beg 
to  set  forth  once  more  the  actual  situation. 

Up  to  noM'  Germany  has  scrupulously^  observed  the  existing  provisions  of  international  law 
relative  to  maritime  war.  In  particular  she  assented  without  delay  to  the  proposal  made  by 
the  ^Vmerican  Government  directly  after  the  war  began  to  ratify  the  Declaration  of  London  antl 
embodied  the  contents  thereof  without  change  in  her  prize  law,  even  without  formall}-  binding 
herself  m  this  direction.  The  German  Govenmient  have  adhered  to  these  provisions,  even 
where  they  conflicted  with  military  interests.  Our  Government  at  the  same  time  have  per- 
mitted the  supply  of  food  1)}-  Denmark  to  England  until  the  present,  although  tliev  could  well 
have  prevented  this  traffic  by  means  of  their  naval  forces. 

In  direct  opposition  to  this,  England  has  not  shrunk  from  grave  violations  of  international 
law  wherever  she  could  thereby  cripple  Germanj-'s  peaceable  trade  with  neutral  countries. 
It  wdl  not  be  necessary  for  the  German  Government  to  go  uito  great  detail  on  this  point, 
especiiiUy  since  the  American  note  to  the  British  Government  dated  December  twenty-eighth, 
nineteen  fourteen,  which  has  been  brought  to  their  knowledge,  has  dealt  with  this  pomt  veiy 
aptly  if  not  very  exhaustively  on  the  ground  of  the  experiences  of  months. 

It  is  conceded  that  the  intention  of  aU  these  aggressions  is  to  cut  off  Germany  from  all 
supplies  and  thereby  to  dcli\er  up  to  death  by  famine  a  peaceful  civilian  population,  a  pro- 
cedure contrary  to  law  of  war  and  every  dictate  of  humanity. 

The  neutrals  have  not  been  able  to  prevent  this  interception  of  different  kinds  of  trade 
with  Germany  contrarv  to  international  law.  It  is  true  that  the  American  Government  have 
protested  against  England's  procedure,  and  Germany  is  glad  to  acknowledge  this,  but  in  spite 
of  this  protest  and  the  protests  of  the  other  neutral  Governments  England  has  not  allowed 
herself  to  be  dissuaded  from  the  course  originally  adopted.  Thus,  the  American  ship  Wil- 
Jielmina  was  recently  brought  into  port  by  England,  although  her  cargo  was  destined  solely 
for  the  civil  population  of  Germany  and  was  to  be  used  only  for  this  purpose  according  to  an 
express  declaration  of  tlie  German  Government. 

in  this  way  the  following  has  been  created:  Gennany  is  to  all  intents  and  purposes  cut  off 
from  oversea  supplies  with  the  toleration,  tacit  or  protestiivg,  of  the  neutrals  regardless  of 
whether  it  is  a  question  of  goods  which  are  absolute  contraband  or  oidy  conditional  contraband 
or  not  contraband  at  all.  following  the  law  generally  recognized  before  the  outbreak  of  the 
war.  On  the  other  hand  England  Avith  the  indulgence  of  neutral  Governments  is  not  only 
beuig  provided  with  such  goods  as  are  not  contraband  or  merely  conditional  contraband, 
namely,  foodstuffs,  raw  material,  ct  cetera,  although  these  are  treated  by  England  when 
Germany  is  in  question  as  absolute  contraband,  but  also  with  goods  which  have  been  regularly 
and  unquestionably  acknowledged  to  be  absolute  contraband.  The  German  Government 
believe  that  they  are  obliged  to  point  out  very  particularly  and  with  the  greatest  emphasis, 
that  a  trade  in  arms  exists  between  American  manufacturers  and  Gemiany's  enemies  which  is 
estimated  at  manv  hundred  million  marks. 


EESTRAIXTS   OX    COMMERCE.  57 

The  German  Government  have  given  due  recognition  to  the  fact  that  as  a  matter  of  form 
the  exercise  of  rights  and  the  toleration  of  \\Tong  on  the  part  of  neutrals  is  hmited  by  their 
pleasure  alone  and  involves  no  formal  breach  of  neutrality.  T!ic  German  Government  have 
not  in  consequence  made  any  charge  of  formal  breach  of  neutrality.  The  German  Government 
can  not,  however,  do  otherwise,  especially  in  the  interest  of  absolute  clearness  in  the  relations 
between  the  two  countries,  than  to  empliasize  that  they,  in  conmion  with  the  public  opinion 
in  Germany,  feel  themselves  placed  at  a  great  disadvantage  through  tlie  fact  that  the  neutral 
powers  have  hitherto  achieved  no  success  or  only  an  unmeaning  success  in  their  assertion  of 
the  right  to  trade  with  Germany,  acknowledged  to  be  legitimate  by  international  law,  whereas 
they  make  unhmited  use  of  their  right  to  tolerate  trade  in  contraband  with  England  and  our 
other  enemies.  Conceded  that  it  is  the  formal  right  of  neutrals  not  to  protect  their  legitimate 
trade  with  Gemiany  and  even  to  allow  themselves  ImowLngly  and  willingly  to  be  induced  by 
England  to  restrict  such  trade,  it  is  on  the  other  hand  not  less  their  good  right,  although  un- 
fortunately not  exercised,  to  stop  trade  in  contraband,  especially  the  trade  in  arms,  with  Ger- 
many's enemies. 

In  view  of  this  situation  the  German  Government  see  themselves  compelled,  after  six 
months  of  patience  and  watchful  waiting,  to  meet  England's  murderous  method  of  conducting 
maritime  war  with  drastic  counter  measures.  If  England  invokes  the  powers  of  famine  as  an 
all}-  in  its  struggle  agauist  Germanj^  \nth  the  intention  of  leaving  a  civilized  people  the  alterna- 
tive of  perishing  in  miserj-  or  submitting  to  the  yoke  of  England's  political  and  commercial 
wUl,  the  German  Government  are  to-day  determined  to  take  up  the  gauntlet  and  to  appeal  to 
the  same  grim  ally.  They  rely  on  the  neutrals  who  have  hitherto  tacitlj-  or  under  protest 
submitted  to  the  consequences,  detrimental  to  themselves,  of  England's  war  of  famine  to  dis- 
play not  less  tolerance  toward  Germany,  even  if  the  German  measures  constitute  new  forms  of 
maritime  war,  as  has  hitherto  been  the  case  with  the  English  measures. 

In  addition  to  this,  the  German  Government  are  determined  to  suppress  with  aU  the 
means  at  their  disposal  the  supply  of  war  material  to  England  and  her  allies  and  assume  at 
the  same  time  that  it  is  a  matter  of  com-se  that  the  neutral  Govermuents  which  have  hitherto 
undertaken  no  action  against  the  trade  in  amis  with  Germany's  enemies  do  not  intend  to 
oppose  the  forcible  suppression  of  this  trade  by  Germany. 

Proceeding  from  these  points  of  view  the  German  Admiralty  has  declared  the  zone  pre- 
scribed by  it  the  seat  of  war;  it  ^vill  obstruct  this  area  of  maritime  war  by  mines  wherever 
possible  and  also  endeavor  to  destroy  the  merchant  vessels  of  the  enemj-  in  any  other  way. 

It  is  very  far  indeed  from  the  intention  of  the  German  Government,  acting  in  obedience 
to  tliese  compellmg  circumstances,  ever  to  destroy  neutral  lives  and  neutral  property,  but  on 
the  other  hand  they  can  not  be  blind  to  the  fact  that  dangers  arise  through  the  action  to  be 
carried  out  against  England  which  menace  without  discrimination  all  trade  within  the  area 
of  maritime  war.  This  applies  as  a  matter  of  coui-se  to  war  mines,  which  place  any  ship 
approaching  a  mined  area  in  danger,  even  if  the  limits  of  international  law  are  adhered  to 
most  strictly. 

The  German  Government  believe  that  they  are  aU  the  more  justified  in  the  hope  that 
the  neutral  powers  wiU  become  reconciled  \vith  this,  just  as  they  have  with  the  serious  injury 
caused  them  thus  far  l)y  England's  measures,  because  it  is  their  will  to  do  everj'thiiig  in  any 
way  compatible  with  the  accomplishment  of  their  purpose  for  the  protection  of  neutral  ship- 
ping even  within  the  area  of  maritime  war. 

They  furnish  the  fu'st  proof  of  their  good  will  by  announcing  the  measures  intended  by 
them  at  a  time  not  less  than  two  weeks  beforehand,  in  order  to  give  neutral  sliipping  an  oppor- 
tunity to  make  the  necessary  arrangements  to  avoid  the  threatening  danger.  The  safest 
method  of  doing  this  is  to  staj'  away  from  the  area  of  maritime  war.  Neutral  sliips  entering 
the  closed  waters  in  spite  of  this  announcement,  given  so  far  in  advance,  and  wliich  seriously 
impairs  the  accomplishment  of  the  militarv  purpose  against  England,  bear  their  own  respon- 
sibility for  any  unfortmiate  accidents.  The  German  Government  on  their  side  expressly 
decline  all  responsibility  for  such  accidents  and  their  consequences. 

Furthermore,  the  German  Government  announced  merely  the  destruction  of  eiieiuy  mer- 
chant vessels  found  witiiin  the  area  of  maritime  war,  and  not  the  destruction  of  all  merchant 
vessels,  as  the  American  Government  appear  to  have  erroneously  imderstood.  This  limitation 
which  the  German  Government  have  imposed  upon  themselves  impairs  the  military  purpose, 
especially  since  the  presumption  will  prevail,  even  in  the  case  of  neutral  ships,  that  they  have 
contraband  on  board,  in  view  of  the  interpretation  of  the  idea  of  contraband  in  wliich  the 
English  Government  have  uidulged  as  regards  Germany  and  wliich  the  German  Govenmient 
will  accordingly  apply  against  England. 

Naturally  the  Imperial  Government  are  not  willing  to  waive  the  right  to  establish  the 
presence  of  contraband  in  the  cargoes  of  neutral  ships  and,  in  cases  requiring  it,  to  take  any 


58  RESTRAIXTS   OX    COMMERCE. 

action  necessary  on  the  grounds  established.  Finally  the  German  Government  are  prepared 
to  accord,  in  conjunction  with  the  American  Government,  tlie  most  earnest  consideration  to 
any  measure  that  might  be  calculated  to  insure  the  safety  of  legitiniute  sliipping  of  neutrals 
within  the  seat  of  war.  They  can  not,  however,  overlook  the  fact  that  all  efforts  in  this 
direction  are  considerably  hampered  by  two  circumstances:  First,  by  tlie  misuse  of  the  neutral 
flag  by  EngUsh  merchant  vessels,  which  in  the  meantime  has  probably  beeii  established  beyond 
a  doubt  by  the  American  Government  likewise.  Second,  by  the  above-mentioned  trade  in 
contraband,  especially  war  materials,  by  neutral  merchant  vessels.  In  regard  to  the  latter 
point,  the  German  Goverianent  ventures  to  hope  that  the  ^Vnierican  Government  upon  recon- 
sideration will  see  their  way  clear  to  a  measure  of  intervention  in  accordance  with  the  spirit 
of  true  neutrality. 

As  regards  the  first  point,  the  secret  order  of  Ihe  British  Admiraltj^  Inis  already  been 
communicated  to  the  American  Government  by  Germany.  It  rccommi'uds  English  merchant 
vessels  to  use  neutral  flags  and  has  in  the  meantime  been  confirmed  by  a  statement  of  the 
British  Foreign  Office  which  refers  to  the  municipal  law  of  England  and  characterizes  such 
action  as  quite  unobjectionable.  The  Englisli  merchant  marine  has  followed  this  counsel 
without  delay,  as  is  probabl}-  Icnown  to  the  .Vmerican  Government,  from  the  cases  of  the 
Lusitania  and  Laertes.  Moreover,  the  British  Government  have  armed  Enghsh  merchant 
vessels  and  instructed  tlicm  to  resist  by  force  the  German  submarines.  In  lliese  circum- 
stances it  is  very  diflicult  for  the  German  submarines  to  recognize  neutral  merchant  vessels 
as  such,  for  even  a  search  wiU  not  be  possible  in  the  majority  of  cases,  since  the  attacks  to 
be  anticipated  in  the  case  of  a  disguised  English  ship  would  expose  the  commanders  con- 
ducting a  search  and  the  boat  itself  to  the  danger  of  cUistruction. 

The  British  Government  would  then  be  in  a  position  to  render  the  German  measures 
illusory  if  their  merchant  marine  pei'sists  in  the  misuse  of  neutral  flags  and  neutral  vessels 
are  not  marked  in  some  other  mamier  admitting  of  no  possible  tloubt.  Germany  must,  in 
the  exigency  into  which  she  has  unlawfully  been  forced,  make  her  measures  effective  at  aU 
events  in  order  thereby  to  compel  her  adversary  to  conduct  maritime  warfare  in  accordance 
with  international  law  and  thus  to  reestablish  the  freedom  of  the  seas  wluch  she  has  ever 
advocated  and  for  which  she  is  fighting  likewise  to-day. 

The  German  Government,  therefore,  welcomes  the  fact  that  the  American  Government 
have  made  representations  to  the  British  Government  relative  to  the  use  of  their  flag  contrary 
to  law  and  give  expression  to  the  expectation  that  this  action  wiU  cause  England  to  respect  tlie 
American  flag  in  future. 

In  tlais  expectation  the  commanders  of  the  German  submarines  liave  been  instructed,  as 
was  already  stated  in  the  note  of  fourth  instant,  to  abstain  from  violence  to  .^Vmerican  merchant 
vessels  when  they  are  recognizable  as  such. 

In  order  to  meet  in  the  safest  manner  all  the  consequences  of  mistaking  an  American  for 
a  hostile  merchant  vessel  the  German  Government  recommended  that  (although  this  would  not 
ajiply  in  the  case  of  danger  from  mines)  the  United  States  convoj-  then'  ships  carrying  peace- 
able cargoes  and  traversing  the  English  seat  of  maritime  war  in  order  to  make  thcna  recogniz- 
able. In  this  connection  the  German  Government  bcheve  it  should  be  made  a  condition  that 
only  such  ships  should  be  convoyed  as  carry  no  merchandise  which  would  liave  to  be  considered 
as  contraband  accordmg  to  the  interpretation  applied  by  England  against  Germany.  The  Ger- 
man Government  are  prepared  to  enter  into  immediate  negotiations  with  the  American  Govern- 
ment relative  to  the  manner  of  convoy.  They  would,  however,  be  particularly  grateful  if  the 
American  Government  woidd  urgently  advise  their  merchant  vessels  to  avoid  the  Enghsh  seat 
of  maritime  war,  at  any  rate  until  tlie  flag  question  is  settled. 

The  German  Government  resign  themselves  to  the  confident  hope  that  the  American 
Government  will  recognize  the  full  meaning  of  the  severe  struggle  wliich  Germany  is  con- 
ducting for  her  very  existence  and  will  gain  full  understanding  of  the  reasons  which  prompt 
Germany  and  the  aims  of  the  measures  announced  by  her  from  the  above  explanations  and 
promises. 

The  German  Government  repeat  that  in  the  scrupulous  consideration  for  neutrals  hitherto 
practiced  b}^  them  they  have  determined  upon  the  measures  planned  onlj-  under  the  strongest 
compulsion  of  national  seK-preservation.  Should  the  American  Government  at  the  eleventh 
hoiu"  succeed  in  removing,  by  virtue  of  the  weight  which  they  have  the  right  and  ability  to 
throw  into  the  scales  of  the  fate  of  peoples,  the  reasons  which  liuve  made  it  the  imperative 
duty  of  the  German  Government  to  take  the  action  indicated,  shouhl  the  American  Government 
m  particular  find  a  way  to  bring  about  the  observation  of  the  Declaration  of  London  on  the 
part  of  the  Powers  at  war  witli  Germany  and  thereby  to  render  possible  for  Germany  the 
legitimate  supply  of  foodstuffs  and  industrial  raw  materials,  the  German  Government  would 
recognize  this  as  a  service  which  could  not  be  too  higlily  estimated  in  favor  of  more  humane 


EESTRAIXTS   ON   COMMERCE.  59 

conduct  of  war  and  would  gladly  draw  tlic  necessary  conclusions  from  the  new  situation  this 
created. 

Tlio  undersigned  requests  the  Ambassador  to  bring  the  above  to  the   attention  of  the 
American  Government  and  avails  himself  of  tlie  opportunity  to  renew,  et  cetera. 

Von  Jagow. 


File  No.  811.0151/52. 

Ambassador  If.  //.  Page  to  the  Secretary  of  State. 

[Telegram.] 
1674.]  American  Embassy, 

London,  February  19,  1915 
Your   1105,    Iflth.     Sir  Edward  Grey  has  just  handed  me  the  following  memorandum 
since  your  telegram  to  liim  was  given  to  the  press  in  Washington.     I  consented  to  his  proposal 
to  giv(5  this  memorandum  out  for  publication  in  Saturday  morning  newspapers: 

The  memciraiuluiu  ciimrannirated  on  the  11th  Tebniary  call.s  attention  in  coiirteou.s  and  friendly  terms  to  the 
action  of  the  cajitain  of  the  British  S.  S.  Lusilania  in  raising  the  flag  of  the  United  States  of  America  when  approaching 
British  waters  and  say.<  that  the  Government  of  the  United  States  feel  a  certain  anxiety  in  con.sidering  the  possibility 
of  any  general  tise  of  the  flag  (;f  the  United  Slates  by  British  vessels  traversing  tho.se  waters  since  the  effect  of  such  a 
policy  might  be  to  bring  about  a  menace  to  the  lives  and  vessels  of  United  States  citizens. 

It  was  understood  that  the  German  Government  had  announced  their  intention  of  sinking  British  merchant  vessels 
at  sight  by  torjjcdoes  without  giving  any  opportunity  of  making  any  provision  for  saving  the  lives  of  noncombatant 
crews  and  passengers.  It  was  in  consequence  of  this  threat  that  the  Lusilania  rai.sed  the  United  States  flag  on  her 
inward  voyage  and  on  her  subsequent  outward  voyage.  A  request  was  made  by  the  United  States  ])assengers  who  were 
embarking  on  board  her  that  the  United  States  flag  .should  be  hoisted  presumably  to  insure  their  safety.  Meanwhile 
the  memorandum  from  Your  Excellency  had  been  received.  His  Majesty's  Government  did  not  give  any  ad\-ice  to 
the  company  as  to  how  \o  meet  thi.s  request  and  it  is  understood  that  the  Lusitaniu  left  Liverpool  under  the  British 
flag. 

It  seems  unnecessary  to  say  more  as  regards  the  Lusilania  in  particular  regard  to  the  use  of  foreign  flags  by  merchant 
vessels.  The  British  merchant  shipping  act  makes  it  clear  that  the  use  of  the  British  flag  by  foreign  merchant  vessels 
is  permitted  in  time  of  war  for  the  purpose  of  escaping  capture.  It  is  believed  that  in  the  case  of  some  other  nations 
there  is  a  similar  recognition  of  the  same  practice  ^^■ith  regard  to  their  flags  and  that  none  have  forbidden  it.  It  would 
therefore  be  uiu'easonablc  to  e.xpect  His  Majesty's  Government  to  pass  legislation  forbidding  the  use  of  foreign  flags 
by  British  merchant  \e.ssels  to  avoid  capture  by  the  enemy.  Now  that  the  German  Government  have  announced 
their  intention  to  sink  merchant  vessels  at  sight  with  their  noncombatant  crews,  cargoes,  and  papers,  a  proceeding 
hilherlo  regarded  by  the  opinion  (jf  the  world  not  as  war,  but  as  piracy,  it  is  felt  that  the  United  States  Government 
could  not  fiurly  ask  the  liriti.sh  Government  to  order  BritLsh  merchant  vessels  to  forego  the  means — always  hitherto 
permitted — of  escaping  not  oitly  captiu'e  but  the  much  worse  fate  of  sinking  and  destruction.  Great  Britain  has  always 
when  neutral  accorded  to  the  vessels  of  other  States  at  war  liberty  to  use  the  British  flag  as  a  means  of  protection 
against  capture,  and  instances  are  on  record  when  United  States  vessels  availed  themselves  of  this  facility  during  the 
American  Cix-il  War.  It  would  be  contrary  to  fair  expectation  if  now  when  the  conditions  are  rc\ersed  the  United 
States  and  neutral  nations  were  to  grudge  to  British  ships  liberty  to  take  similar  action.  The  BritLsh  Go%ernment 
have  no  intention  of  advising  their  merchant  shipping  to  use  foreign  flags  as  general  practice  or  to  resort  to  them  fither- 
wise  than  for  escajjing  capture  or  destruction. 

The  obligation  upon  a  belligerent  warship  to  ascertain  defitiitely  for  itself  the  nationality  and  character  of  a  merchant 
vessel  before  capturing  it  and  "a  fortiori"  before  sinking  and  destroying  it  has  been  universally  recognized.  If  that 
obligation  is  fulfilled,  hoLsting  a  neutral  flag  on  board  a  British  vessel  can  not  possibly  endanger  neutral  shipping  and 
the  British  Government  hold  that  if  loss  to  neutrals  is  caused  by  disregard  of  this  obligation  it  is  upon  the  enemy  vessel 
disregarding  it  and  u])on  the  Government  giving  orders  that  it  should  be  disregarded  that  the  sole  responsibility  for 
injury  to  neutrals  ought  to  rest. 

Page. 


Pile  No.  7G3.72/1498A. 

The  Secretary  of  State  to  Ambassador  W.  H.  Page} 

[Telegram.] 
No.  1169.]  Department  of  State, 

Washington,  February  20,  1915. 

You  wiU  please  dehver  to  Sir  Edward  Grey  the  following  identic  note  which  we  are 
sending  England  and  Germany: 

In  view  of  the  correspondence  which  has  passed  between  this  Government  and  Great 
Britain  and  Germany  respectively,  relative  to  the  Declaration  of  a  war  zone  by  the  German 
Athnii-alty  and  the  use  of  neutral  flags  by  British  merchant  vessels,  this  Government  ven- 
tiu'cs  to  express  the  hope  tliat  the  two  l)clligerent  Governments  may,  tlu'ough  reciprocal  con- 
cessions, find  a  basis  for  agreement  which  will  relieve  neutral  ships  engaged  in  peaceful 
commerce  from  the  great  dangers  which  they  will  incur  in  tlie  high  seas  adjacent  to  the  coasts 
of  the  belligerents. 

'  Same  to  tlie  .\merican  Embassv  at  Berlin. 


60  RESTRAIXTS   ON    COMMERCE. 

Tho  Government  of  the  United  States  respectfully  suggests  that  an  agreement  in  terms 
like  the  following  might  be  entered  into.  This  suggestion  is  not  to  be  regarded  as  in  any  sense 
a  proposal  made  by  this  Goveniment,  for  it  of  course  fully  recognizes  that  it  is  not  its  privilege 
to  propose  terms  of  agreement  l)etween  Great  Britain  and  Germany,  oven  though  the  matter  be 
one  in  which  it  and  the  people  of  the  United  States  are  directly  and  deeply  interested.  It  is 
merely  venturing  to  take  the  liberty  which  it  liopes  may  be  accorded  a  sincere  friend  desirous 
of  embarrassing  neither  nation  involved  and  of  .-.erving,  if  it  may,  the  common  interests  of 
humanity.  The  course  outlined  is  offered  in  the  hope  that  it  may  draw  forth  the  views  and 
elicit  the  suggestions  of  the  British  and  Gorman  Govonimonts  on  a  matter  of  capital  interest 
to  the  whole  world. 

Germany  and  Groat  Britain  to  agree: 

1.  That  neither  will  sow  any  floating  mines,  whether  upon  tlie  high  seas  or  in  territorial 
waters;  that  neither  will  plant  on  the  high  seas  anchored  mines  except  within  cannon  range 
of  harbors  for  defensive  purposes  only;  and  that  all  mines  shall  boar  the  stamp  of  the  Govern- 
ment planting  them  and  be  so  constructed  as  to  become  harndess  if  separated  from  their 
moorings. 

2.  That  neither  will  use  submarines  to  attack  merchant  vessels  of  any  nationality  except 
to  enforce  the  right  of  visit  and  search. 

3.  That  each  \vill  require  their  respective  merchant  vessels  not  to  use  neutral  flags  for  the 
purpose  of  disguise  or  ruse  de  guerre. 

Germany  to  agree: 

Tliat  all  imjiortations  of  food  or  foodstuffs  from  the  United  States  (and  from  such  other 
neutral  coimtrios  as  may  ask  it)  into  Gormauy  shall  bo  consigned  to  agencies  to  be  designated 
b)-  the  United  States  Govenuuont;  that  these  American  agoucios  shall  have  entire  charge  and 
control  without  interference  on  the  part  of  the  German  Govermuent,  of  the  receipt  and  dis- 
tribution of  such  importations,  and  shall  distribute  thorn  solely  to  retail  dealers  bearing 
licenses  from  the  Gorman  Govonmiont  ontitliiig  them  to  receive  and  furnish  such  food  and 
foodstuffs  to  noncombatants  only:  that  any  violation  of  the  tonus  of  the  retailers'  licenses  shall 
work  a  forfeiture  of  their  rights  to  receive  such  food  and  foodstuffs  for  this  purpose;  and  that 
such  food  and  foodstuffs  will  not  be  requisitioned  by  the  German  Govormnont  for  any  purpose 
whatsoever  or  be  diverted  to  the  use  of  the  armed  forces  of  Germany. 

Great  Britain  to  agree: 

That  food  and  foodstuffs  will  not  be  placed  upon  the  absolute  contraband  list  and  that 
shipments  of  such  commodities  will  not  be  interfered  with  or  detained  by  British  authorities 
if  consigned  to  agencies  d(>signatod  by  the  United  States  Govormnont  in  Germany  for  the 
receipt  and  distribution  of  such  cargoes  to  Hcensod  German  retailers  for  distribution  solely  to 
the  noncombatant  popidation. 

In  submitting  this  projiosod  basis  of  agroemoiit  this  Govormnont  does  not  wish  to  bo  imdor- 
stood  as  admitting  or  denying  any  beUigorent  or  neutral  right  established  bj'  the  principles  of 
international  law,  but  would  consider  the  agreement,  if  acceptable  to  the  interested  powers,  a 
modus  vive-ndi  based  upon  oxpodioncy  rather  than  legal  right  and  as  not  binding  upon  tho  United 
States  either  in  its  present  fonn  or  in  a  modified  fonu  until  accepted  by  this  Govormnont. 

Bryan. 


Rle  No.  763.72/1534. 

Ambassador  Gerard  to  the  Secretary  of  State. 

[Telegram.] 
No.  1717.]  -V-MERiCAX  Embas.sy, 

Berlin,  March!,  1915. 
FoDowing  is  translation  of  tho  Gorman  reply: 

The  undersigned  has  the  honor  to  inform  His  E.xcelleiu  y,  Mr.  Jamos  W.  Gerard,  Ambassador  of  the  United  States 
of  -Vmerica,  in  reply  to  the  note  of  the  22d  instant  that  the  Imperial  German  Government  ha^e  taken  note  with  great 
interest  of  the  suggestion  of  the  American  Government  that  certain  principles  for  tho  conduct  of  maritime  war  on  the 
part  of  Germany  and  England  be  agreed  upon  for  the  protection  of  neutral  shipping.  They  see  therein  new  ev-idence 
of  the  friendly  feelings  of  the  American  Government  toward  the  German  Government  which  are  fully  reciprocated  by 
Germany. 

It  is  in  accordance  with  Germany's  wishes  also  to  have  maritime  war  conducted  according  to  rules  which  without 
discriminately  re.stricting  one  or  the  other  of  the  belligerent  powers  in  the  use  of  their  means  of  warfare  are  equally  con- 
siderate of  the  interests  of  neutrals  and  the  dictates  of  humanity.  Consequently  it  was  intimated  in  the  German  note 
of  the  IGth  in.stant  that  observation  of  the  Declaration  of  Lyndon  on  the  part  of  Germany's  advsrsai-ies  would  create  a 
new  situation  from  which  the  German  Government  would  gladly  draw  the  proper  conclusions. 


KESTRAIXTS   OX   COMMERCE.  Gl 

Proceeding  from  this  view,  the  German  Government  have  carefully  examine'!  ihe  sugj;estion  of  the  American 
Government  and  believe  that  they  can  actually  see  in  it  a  suitable  basis  for  the  practical  solution  of  the  questions 
which  have  arisen. 

With  regard  to  the  various  points  of  the  American  note  they  beg  to  make  the  following  remarks: 

1 .  With  regard  to  the  aon-ing  of  mines,  the  German  Government  would  be  willing  to  agree  as  suggested  not  to  use- 
floating  mines  and  to  have  anchored  mines  constructed  as  indicated.  Moreover,  they  agree  to  put  the  s'.amp  of  the 
Government  on  all  mines  to  be  planted.  On  the  other  hand,  it  does  not  appear  to  them  to  be  feasible  for  the  belliger- 
ents wholly  to  forego  the  use  of  anchored  mines  for  offensive  purposes. 

2.  The  German  Government  would  undertake  not  to  use  their  submarines  to  attack  mercantile  of  any  flag  except 
when  necessarj'  to  enforce  the  right  of  \-isit  and  search.  Should  the  enemy  nationality  of  the  vessel  or  the  presence 
of  contraband  be  ascertained  submarine  would  proceed  in  accordance  with  the  general  rules  of  international  law. 

3.  As  provided  in  the  American  note,  this  restriction  of  the  use  of  the  submarines  is  contingent  on  the  fact  that 
enemy  mercantile  abstain  from  the  use  of  the  neutral  flag  and  other  neutral  distinctive  marks.  It  would  appear  to 
be  a  matter  of  course  that  such  mercantile  also  abstain  from  arming  themselves  and  from  all  resistance  by  force,  since 
such  procedure  contrarj'  to  international  law  would  render  impossdble  any  action  of  the  submarines  in  accordance 
with  international  law. 

4.  The  regulation  of  legitimate  importations  of  food  into  Germany  suggested  by  the  American  Government  appears 
to  be  in  general  acceptable.  Such  regulation  would,  of  course,  be  confined  to  impfjrtations  by  sea,  but  that  would  on 
the  other  hand  include  indirect  importations  by  way  of  neutral  ports.  The  German  Government  would,  therefore,  be 
willing  to  make  the  declarations  of  the  nature  provided  in  the  American  note  so  that  the  use  of  the  imported  food  and 
foodstuffs  solely  by  the  noncombatant  population  would  be  guaranteed.  The  Imperial  Government  must,  however, 
in  addition  (*•*)'  ha^^ng  the  importation  of  other  raw  material  used  by  the  economic  sj'stem  of  noncombatants 
including  forage  permitted.  To  that  end  the  enemy  Governments  would  have  to  permit  the  free  entrj-  into  Germany 
of  the  raw  material  mentioned  in  the  free  list  of  the  Declaration  of  London  and  to  treat  materials  included  in  the  list  of 
conditional  contraband  according  to  the  same  principles  as  food  and  foodstuffs. 

The  German  Government  venture  to  hope  that  the  agreement  for  which  the  American  Government  have  paved  the 
way  may  be  reached  after  due  con.sideration  of  the  remarks  made  above,  and  that  in  this  way  peaceable  neutral  ship- 
ping and  trade  will  not  have  to  suffer  any  more  than  is  absolutely  necessary-  from  the  unavoidable  effects  of  maritime 
war.  These  effects  could  be  still  further  reduced  if,  as  was  pointed  out  in  the  German  note  of  the  ICth  instant,  sr^me 
way  could  be  found  to  exclude  the  shipping  of  munitions  of  war  from  neutral  countries  to  belligerents  on  ships  of  any 
nationality. 

The  German  Government  must,  of  course,  reserve  a  definite  statement  i-S  their  position  until  such  time  as  they 
may  receive  further  information  from  the  American  Government  enabling  them  to  see  what  obligations  the  British 
Government  are  on  their  part  willing  to  assume. 

The  undersigned  avails  himself  of  this  occasion,  etc. 

(Signed)  Vox  Jagow. 

Dated  Foreign  Office,  Berlin,  Februarj-  28,  1915. 

Gerard. 


File  No.  763.72/1551. 

The  British  Ambassador  to  the  Secretary  of  State.^ 

Germany  has  declared  that  the  EngUsh  Channel,  the  north  and  \se.st  coa.sts  of  Franco,. 
and  the  waters  arotind  the  British  Isles  are  a  war  area  and  has  officially  notified  that  all  enemy 
ships  found  in  that  area  will  bo  destroyed  and  that  neutral  vessels  ma_v  be  exposed  to  danger. 
This  is  in  effect  a  claim  to  torpedo  at  sight,  without  regard  to  the  safety  of  the  crew  or  pas.sen- 
gers,  any  merchant  vessel  under  any  flag.  As  it  is  not  in  the  power  of  the  German  Admiraltr 
to  maintain  any  surface  craft  in  these  waters,  this  attack  can  orJy  be  delivered  by  submarine 
agency. 

The  law  and  custom  of  nations  in  regard  to  attacks  on  commerce  have  always  presumed 
that  the  first  duty  of  the  captor  of  a  merchant  vessel  is  to  bring  it  before  a  prize  court  where 
it  may  be  tried,  where  the  regularity  of  the  capture  may  be  challenged  and  where  neutrals 
may  recover  their  cargoes.  The  sinking  of  prizes  is  in  itself  a  questionable  act  to  be  resorted 
to  only  m  extraordinary  circunistances  and  after  provision  has  been  made  for  the  safety  of 
all  the  crew  or  passengers,  if  there  are  passengers  on  board.  The  responsil)ility  for  discrimi- 
nating between  neutral  and  enemy  vessels,  and  between  neutral  and  enemy  cargo,  obviously 
rests  with  the  attacking  ship,  whose  duty  is  to  verify  the  status  and  character  of  the  vessel 
and  cargo  and  to  preserve  all  papers  before  sinking  or  even  capturing  it.  So  al.so  is  the  human© 
duty  of  providing  for  the  safety  of  the  crews  of  merchant  vessels,  whether  neutral  or  enemy, 
an  obligation  upon  every  belligerent. 

It  is  upon  this  basis  that  all  previous  discussions  of  the  law  for  regulating  warfare  at 
sea  have  proceeded.  A  Gennan  submarine,  however,  fulfills  none  of  these  obligations;  she 
enjoys  no  local  command  of  the  waters  in  which  she  operates;  she  does  not  take  her  captures 
^vithin  the  jurisdiction  of  a  prize  court ;  she  carries  no  prize  crew  which  she  can  put  on  board 
a  prize;  she  uses  no  effective  means  of  discriminating  between  a  neutral  and  an  enemy  vessel; 
she  does  not  receive  on  board  for  safety  the  crew  and  passengers  of  the  vessel  she  sinks;  her 
methods  of  warfare  are  therefore  entirely  outside  the  scope  of  any  of  tlie  international  instru- 

*  .\pparent  omi-ssion. 

'.\  declaration  from  the  French  .\rabas.'iadorin  practically  identical  language  was  presented  atthe  nepariment  at  the  same  limo.    .^eepageiiS. 

97666°— 1.5 9 


62  RESTRAINTS    OX    COMMKRCE. 

mcnts  regulating  operations  against  commerco  in  time  of  war.  Tlie  German  declaration  sub- 
stitutes indiscriminate  destruction  for  regidated  capture.  Germany  is  adopting  these  methods 
agamst  peaceful  traders  and  noncombatant  crews  with  tlie  avowed  object  of  preventing  com- 
modities of  all  kinds,  including  food  for  tlie  civil  jiopulation.  from  reaching  or  leaving  the  British 
Isles  or  northern  France. 

Her  opponents  are  therefore  driven  to  frame  retaliatory  measures  m  order  in  tlieir  turn 
to  prevent  commodities  of  anj^  kind  from  reaching  or  leaving  Germany.  These  measures 
will,  however,  bo  enforced  by  the  Britisli  and  French  Governments  without  risk  to  neutral 
ships  or  to  neutral  or  noncombatant  life  and  in  strict  observance  of  the  dictates  of  humanity. 
The  British  and  French  Governments  will  therefore  hold  themselves  free  to  detain  and  take 
into  port  ships  carrying  goods  of  presumed  enemy  destination,  ownership,  or  origin.  It  is 
not  intended  to  confiscate  such  vessels  or  cargoes  unless  they  would  otherwise  be  liable  to 
condemnation.  The  treatment  of  vessels  and  cargoes  wliich  have  sailed  before  this  date 
wUl  not  be  affected. 

Cecil  Spring  Rice. 

British  Embassy, 

Washington,  March  1, 1915. 


File  No.  763.72/1551. 

The  Secretary  of  State  to  Ambassador  Page. 

[Telegram.] 

No.  1233.]  Department  of  State, 

Washington,  March  5,  1915. 

In  regard  to  the  recent  commimications  received  from  the  British  and  French  Govern- 
ments concerning  restraints  upon  commerce  with  Germany,  please  communicate  with  the 
British  foreign  office  m  the  sense  folio  whig: 

The  difficulty  of  determining  action  upon  the  British  and  French  declarations  of  mtended 
retaliation  upon  commerce  with  Germany  lies  in  the  natm'e  of  the  proposed  measures  in  their 
relation  to  commerce  by  neutrals. 

While  it  appears  that  the  intention  is  to  interfere  with  and  take  into  custody  all  ships 
both  outgoing  and  incoming,  tradmg  with  Germany,  wliich  is  in  effect  a  blockade  of  German 
ports,  the  rule  of  blockade,  that  a  ship  attemptmg  to  enter  or  leave  a  German  port  regardless 
of  the  chara<"ter  of  its  cargo  may  be  <'ondenined,  is  not  asserted. 

The  language  of  the  declaration  is  "the  British  and  French  Governments  will,  therefore, 
hold  themselves  free  to  detam  and  take  into  port  ships  carrying  goods  of  prcsuniod  enemy 
destination,  ownership,  or  origin.  It  is  not  intended  to  confiscate  such  vessels  or  cargoes 
unless  they  would  otherwise  be  liable  to  condemnation." 

The  first  sentence  claims  a  right  pertaining  only  to  a  state  of  blockade.  The  last  sen- 
tence proposes  a  treatment  of  ships  and  cargoes  as  if  no  blockade  existed.  The  two  together 
present  a  proposed  course  of  action  previously  imknowm  to  international  law. 

As  a  conser|uence  neutrals  have  no  standard  by  which  to  measure  their  rights  or  to 
avoid  danger  to  their  ships  and  cargoes.  The  paradoxical  situation  thus  created  should  be 
changed  and  tlie  declaruig  powers  ought  to  assert  whether  they  rely  upon  the  rules  govern- 
ing a  blockade  or  the  rules  apphcable  wlien  no  blockade  exists. 

The  declaration  presents  other  perplexities. 

The  last  sentence  quoted  indicates  that  the  rides  of  contraband  are  to  be  apphed  to  car- 
goes detained.  The  rule  covering  noucontraband  articles  carried  in  neutral  bottoms  is  that 
the  cargoes  shall  be  released  and  the  ships  allowed  to  proceed.  This  rule  can  not,  imder 
the  first  sentence  quoted,  be  apphed  as  to  destination.  What  then  is  to  be  done  with  a  cargo 
of  noncontraband  goods  detamed  under  the  declaration?  The  same  question  maj'  be  asked 
as  to  conditional  contraband  cargoes. 

The  foregoing  comments  apply  to  cargoes  destined  for  Germany.  Cargoes  coming  out 
of  German  ports  present  another  problem  under  the  terms  of  the  declaration.  Under  the 
rules  governing  enemy  exports  onlj'  goods  owned  by  enemy  subjects  in  enemy  bottoms  are 
subject  to  seizure  and  condemnation.  Yet  bj'  the  declaration  it  is  purposed  to  seize  and  take 
into  port  all  goods  of  enemy  "ownership  and  origm."  The  word  "origin"  is  particularly 
significant.  The  origin  of  goods  destined  to  neutral  territory  on  neutral  ships  is  not  and  never 
has  been  a  ground  for  forfeitui-e  except  in  case  a  blockade  is  declared  and  maintained.  What 
then  would  the  seizure  amomit  to  in  the  j^resent  case  except  to  delay  the  dehvery  of  the  goods  ? 


RESTRAIXTS   ON   COMMERCE.  63 

The  declaration  does  not  indicate  what  disposition  would  be  made  of  sucii  cargoes  if  owned 
by  a  neutral  or  if  owned  by  an  enemy  subject.  Would  a  different  rule  bo  apphed  according 
to  o\\Tiership?  If  so,  upon  what  principles  of  international  law  would  it  rest?  And  upon 
what  rule  if  no  blockade  is  de^-lared  and  maintained  could  the  cargo  of  a  neutral  ship  sailing 
out  of  a  German  port  be  condemned  ?  If  it  is  not  condemned,  what  other  legal  « ourse  is  there 
but  to  release  it  ? 

While  this  Government  is  full}-  alive  to  the  possibility  that  the  methods  of  modem  naval 
warfare,  particularly  in  the  use  of  the  submarine  for  both  defensive  and  offensive  operations, 
may  make  the  former  means  of  maintaining  a  blockade  a  physical  impossibiUty,  it  feels  that 
it  can  be  urged  with  great  force  that  there  should  be  also  some  limit  to  "the  radius  of  activity," 
and  especially  so  if  this  action  by  the  belligerents  can  be  construed  to  be  a  blocka<le.  It  would 
certainly  create  a  serious  state  of  affairs  if,  for  example,  an  American  ve.ssel  laden  with  a  cargo 
of  German  origin  shoidd  escape  the  British  patrol  in  European  waters  only  to  be  held  up  by  a 
cruiser  off  New  York  and  taken  into  Halifa.\. 


Similar  cablegram  sent  to  Paris. 


Bryan. 


File  No.  763.72/1589. 

Ambassador  Sharji  to  the  Secretary  of  State. 

[Telogram.] 

American  Embassy, 

Paris,  ^[arch  I4,  1915. 
French  Government  replies  as  follows: 

In  a  letter  dated  March  7  Your  Exrelleney  was  good  enough  lo  draw  my  alteniion  U>  tlie  view.s  of  the  Govern- 
ment of  the  United  States  regarding  the  recent  communications  from  the  Frenrli  and  BritLsli  Governments  concerning 
a  restriction  fi>  be  laid  upon  coiiunerce  -.vilh  Germany,  .\ccording  lo  Your  Excellency's  letter,  the  declaration  made 
by  the  Allied  Governments  presents  some  uncertainty  as  regards  its  application,  concerning  which  the  Government 
of  the  United  States  desires  to  be  enlightened  in  order  to  determine  what  attitude  it  should  take. 

-Vt  the  same  time  Your  Excellency  notified  me  that  wliile  granting  the  possibility  of  using  new  methods  of  retalia- 
tion against  the  new  u.se  to  which  submarines  have  been  put,  the  Government  of  the  United  States  was  somewhat  appre- 
hensive that  the  allied  belligerents  might  (if  their  action  is  to  be  con.strued  as  constituting  a  blockade)  capture  in  waters 
near  America  any  ships  which  might  have  escaped  the  cruisers  patrolling  European  waters.  In  acknowledging  receipt 
of  Your  Excellency's  communication  I  have  the  honor  to  inform  ymi  that  the  Government  of  the  Republic  has  not  failed 
to  consider  this  point  as  presented  by  the  Government  of  the  United  .States,  and  I  beg  to  specify  clearly  the  conditions 
of  application,  as  far  as  my  Government  is  concerned,  of  the  declaratinn  of  the  .\llied  Governments.  As  well  set  forth 
by  the  Federal  Government  the  old  methods  of  bhjckaiie  can  not  be  entirely  adhered  to  in  view  of  the  use  Germany 
has  made  of  her  submarines,  and  also  by  reason  of  the  geographical  situation  of  that  cnunlry.  In  an.swer  to  the  challenge 
to  the  neutral  as  well  as  to  its  own  adversaries,  contained  in  the  declaration  by  which  the  German  Imperial  Govern- 
ment stated  that  it  considered  the  seas  surrounding  Great  Britain  and  the  French  coast  on  the  Channel  as  a  military 
zone,  and  warned  neutral  vessels  not  to  enter  the  same  on  account  of  the  danger  they  would  run,  the  Allied  Govern- 
ments have  been  obliged  to  examine  what  measures  they  could  adopt  to  interrupt  all  maritime  communication  with  the 
German  Empire  and  thus  keep  it  blockaded  by  the  naval  power  of  the  two  allies,  at  the  same  time,  however,  safeguard- 
ing as  much  as  pos-sible  the  legitimate  interests  of  neutral  powers,  and  respecting  the  laws  of  humanity  which  no  crime 
of  their  enemy  will  induce  them  to  violate. 

The  Government  of  the  Republic,  tlierefore,  reserves  to  itself  the  right  of  bringing  into  a  French  or  allied  port  any 
ship  caiT>Hng  a  cargo  presumed  to  be  of  German  origin,  destination,  or  ownership,  but  it  will  not  go  to  the  length  of 
seizing  any  neutral  sliip  except  in  ca.se  of  contraband.  The  discharged  cargo  shall  not  be  C(mfiscated.  In  the  event  of 
a  neutral  proving  liLs  lawful  ownerahip  of  merchandise  destined  to  Germany,  he  shall  be  entirely  free  to  dispase  of 
same,  subject  to  certain  conditions.  In  case  the  owner  of  the  goods  is  a  German  they  shall  simply  be  sequestrated 
during  the  war. 

Merchandise  of  enemy  origin  shall  only  be  sequestrated  when  it  is  at  the  same  time  the  property  of  an  enemy; 
merchandise  belonging  to  neutrals  shall  be  held  at  the  disposal  of  its  owner  to  be  returned  to  the  port  of  departure. 

As  Your  Excellency  will  ob.serve,  these  measures,  while  depriving  the  enemy  of  important  resources,  respect  the 
rights  of  neutrals  and  will  not  in  any  way  jeopardize  private  property,  as  even  the  enemy  owner  will  only  suffer  from 
the  suspension  of  the  enjoyment  of  his  rights  during  the  term  <jf  hostilities. 

The  Government  of  the  Republic,  being  desirous  of  allowing  neutrals  every  facility  to  enforce  their  claims,  has 
decided  to  give  the  prize  court  (an  independent  tribunal)  cognizance  of  these  questions,  and  in  order  to  give  the  neutrals 
as  little  trouble  as  possible  it  has  specified  that  the  prize  court  shall  give  sentence  within  eight  days,  counting  from  the 
date  on  which  the  case  shall  have  been  brought  before  it. 

I  do  not  doubt,  Mr.  Ambassador,  that  the  Federal  Go\'emment,  comparing  on  the  one  hand  the  unspeakable  Wo- 
lence  with  wliich  the  German  military  government  threatens  neutrals,  the  criminal  actions  unknown  in  maritime 
annals  already  perpetrated  against  neutral  property  and  ships  and  even  against  the  li\es  of  neutral  subjects  or  citizens, 
and  on  the  other  hand  the  measures  adopted  by  the  Allied  Governments  of  France  and  Great  Britain  respecting  the 
laws  of  humanity  and  the  rights  of  individuals,  will  readily  perceive  that  the  latter  have  not  overstepped  their  strict 
rights  as  belligerents. 

Finally,  I  am  anxious  to  as-surc  you  that  it  is  not  and  it  has  never  been  the  intention  of  the  Government  of  the 
Republic  to  extend  the  action  of  its  cruisers  against  enemy  merchandise  beyond  European  seas,  the  Mediterranean 
included. 

Sharp. 


'64  RESTRAINTS   ON    COMMERCE. 

File  No.  7G3.72/1588. 

Ambassador  W.  11.  Page  to  the  Secretary  of  State. 

[Telegram.] 

No.  1795.]  American  Embassy, 

London,  March  15,  1915. 
Following  is  tiic  full  text  of  a  menaoraiuhnn  datcnl  Marcli  13,  which  Grey  handed  mo 
to-daj' : 

On  the  22d  of  February  last  I  received  a  communication  from  Your  Excellency  of  the  identic  note  addressed  to 
His  Majesty's  Government  and  to  Germany,  respecting  an  agreement  on  certain  points  as  to  the  conduct  of  the  war  at 
sea.  The  reply  of  the  German  Government  to  this  note  has  been  published  and  it  is  not  understood  from  tlie  reply 
that  the  German  Government  are  prepared  to  abandon  the  practice  of  sinking  British  merchant  vessels  by  submarines, 
and  it  is  evident  from  their  reply  that  they  will  not  abandon  the  use  of  mines  for  offensive  jmqioses  on  the  high  seas  as 
contrasted  ^vith  the  use  of  mines  for  defensive  purposes  only  within  cannon  range  of  their  own  harbors  as  suggested  by 
the  Government  of  the  United  States.  This  being  so,  it  might  appear  unnecessary  for  the  British  Government  to  make 
any  further  rejdy  than  to  take  note  of  the  German  answer.  We  desire,  however,  to  take  tlie  ojiportunity  of  making  a 
fidler  statement  of  the  whole  position  and  of  our  feeling  with  regard  to  it.  We  recognize  with  sympathy  the  desire  of 
the  Government  of  the  United  States  to  see  the  European  war  conducted  in  accordance  with  the  previously  recognized 
rules  of  international  law  and  the  dictates  of  humanity.  It  is  thus  that  the  British  forces  have  conducted  the  war,  and 
we  are  not  aware  that  these  forces,  either  naval  or  military,  can  have  laid  to  their  charge  any  imx^rojK'r  proceedings, 
cither  in  the  conduct  of  hostilities  or  in  the  treatment  of  prisoners  or  wounded.  On  the  German  side  it  has  been  very 
different. 

1.  The  treatment  of  civilian  inhabitants  in  Belgium  and  the  north  of  France  has  been  made  |)ublic  by  the  Belgian 
and  French  Governments  and  by  those  who  have  had  experience  of  it  at  first  hand.  Modern  history  affords  no  prece- 
dent for  the  sufferings  that  have  been  inflicted  on  the  defenseless  and  noncombatant  population  in  the  territory  that 
has  l)een  in  German  military  occupation.  Even  the  food  of  the  population  was  confiscated  until  in  Belgium  an  Inter- 
national Commission,  largely  influenced  by  American  generosity  and  conducted  imder  American  atispices,  came  to  the 
relief  of  the  population  and  secured  from  the  German  Government  a  promise  to  spare  what  food  was  still  left  in  the 
country  though  the  Germans  still  continue  to  make  levies  in  money  upon  the  defenseless  popidation  for  the  su]jport 
of  the  German  Army. 

2.  We  have  from  time  to  time  received  most  terrible  accounts  of  the  barbarous  treatment  to  which  British  officers 
and  soldiers  have  been  exposed  after  they  have  been  taken  prisoner  while  being  conveyed  to  German  prison  camps; 
•one  or  two  instances  have  already  been  given  to  the  United  States  Government  founded  upon  authentic  and  first-hand 
evidence  which  is  beyond  doubt.  Some  evidence  has  been  received  of  the  hardships  to  which  British  prisoners  of 
war  are  subjected  in  the  prison  camps  contrasting,  we  believe,  most  imfavorably  with  the  treatment  of  German  pris- 
oners in  this  country.  We  have  proposed,  with  the  consent  of  the  United  States  Government,  that  a  commission  of 
United  States  officers  should  be  permitted  in  each  country  to  inspect  the  treatment  of  prisoners  of  war.  The  United 
States  Government  have  been  unable  to  obtain  any  reply  from  the  German  Government  to  this  proposal  and  we  remain 
in  continuing  anxiety  and  apprehension  as  to  the  treatment  of  British  prisoners  of  war  in  Germany. 

3.  At  the  very  outset  of  the  war  a  German  mine  layer  was  discovered  laying  a  mine  field  on  the  high  seas.  Further 
mine  fields  have  Ijcen  laid  from  time  to  time  without  warning  and  so  far  as  we  know  are  still  being  laid  on  the  high 
seas,  and  many  neutral  as  well  as  British  vessels  have  been  simk  by  them. 

4.  At  various  times  during  the  war  German  submarines  have  stopped  and  sunk  British  merchant  vessels,  thus 
making  the  sinking  of  merchant  vessels  a  general  practice,  though  it  was  admitted  previously,  if  at  all,  only  as  an  excep- 
tion, the  general  rule  to  which  the  British  Government  have  adhered  being  that  merchant  vessels,  if  captured, 
must  be  taken  before  a  prize  court.  In  one  case  already  quoted  in  a  note  to  the  United  States  Government,  a  neutral 
vessel  carrjdng  foodstuffs  to  an  unfortified  town  in  Great  Britain  has  been  sunk.  Another  case  is  now  reported  in 
which  a  German  armed  cruiser  has  sunk  an  .Vmerican  vessel,  the  W'dlkim  P.  Frye,  carrying  a  cargo  of  wheat  from  Seattle 
to  Queenstown.  In  both  cases  the  cargoes  were  prcsumaldy  destined  for  the  civil  population.  Even  the  cargoes  in 
such  circumstances  should  not  have  been  condemned  uilhout  the  decision  of  a  prize  court,  much  less  should  the  vessels 
have  been  sunk.  It  is  to  be  noted  that  both  these  cases  occurred  before  the  detention  l>y  the  British  authorities  of  the 
Wilhelmina  and  her  cargo  of  foodstuffs  which  the  German  Government  allege  is  the  justification  for  their  own  action. 
The  Germans  have  announced  their  intention  of  sinking  British  merchant  vessels  by  torpedo  without  notice  and  without 
any  provision  for  the  safety  of  the  crew.  They  have  already  carried  out  this  intention  in  the  case  of  neutral  as  well 
as  of  British  vessels,  and  a  number  of  noncombatant  and  irmocent  lives  on  British  vessels,  unarmed  and  defenseless, 
have  been  destroyed  in  this  way. 

5.  Unfortified,  open,  and  defenseless  towns,  such  as  Scarborough,  Yarmouth,  and  Whitby,  have  been  deliberately 
and  wantonly  bombarded  by  German  ships  of  war,  causing  in  some  cases  considerable  loss  of  ii\ilian  life,  including 
women  and  clilldren. 

6.  German  aircraft  have  drojiped  l)ombs  on  the  east  coast  of  England  where  there  were  no  military  or  strategic 
points  to  be  attacked.  On  the  other  hand,  I  am  aware  of  but  two  criticisms  that  have  been  made  on  British  action  in 
all  these  respects:  (1)  It  is  said  that  the  British  naval  authorities  also  have  laid  some  anchored  mines  on  the  high  seas. 
They  have  done  so,  but  the  mines  were  anchored  and  so  constructed  that  they  would  be  harmless  if  they  went  adrift, 
and  no  mines  whatever  were  laid  by  the  British  naval  authorities  till  many  weeks  after  the  Germans  had  made  a 
regular  practice  of  laying  mines  on  the  high  seas.  (2)  It  is  said  that  the  British  Government  have  departed  from  the 
view  of  international  law  which  they  had  previously  maintained  that  foodstuffs  destined  for  the  civil  ])(j])ulation  should 
never  be  interfered  with,  this  charge  being  founded  on  the  submission  to  a  prize  court  of  the  cargo  of  the  Wilhelmina. 
The  special  considerations  affecting  this  cargo  have  already  been  presented  in  a  memorandum  to  the  United  States 
Government,  and  I  need  not  repeat  them  here.  Inasmuch  as  the  stoppage  of  all  foodstuffs  is  an  admitted  consequence 
of  blockade,  it  is  obvious  that  there  can  be  no  urdversal  rule  based  on  considerations  of  morality  and  humanity  wliich 
is  contrary  to  this  practice.  The  right  to  stop  foodstuffs  destined  for  the  ci\il  population  must  therefore  in  any  case 
be  admitted  if  an  effective  "cordon"  controlling  intercourse  with  the  enemy  is  drawn,  announced,  and  maintained. 
Moreover,  independently  of  rights  arising  from  belligerent  action  in  the  nature  of  blockade,  some  other  nations,  differing 


RESTRAINTS   ON   COMMERCE.  65 

from  the  opinion  of  the  Governments  of  tlie  United  States  and  Great  Britain,  have  held  that  to  stop  the  food  of  the 
ci\'il  population  is  a  natural  and  legitimate  method  of  bringing  pressure  to  bear  on  an  enemy  country,  as  it  is  upon 
the  defense  of  a  besieged  town.  It  is  also  upheld  on  the  authority  of  both  Prince  Bismarck  and  Count  Capri\-i,  and 
therefore  presumably  is  not  repugnant  to  German  morality.  The  following  are  the  quotations  from  Prince  Bismarck 
and  Count  Capri\i  on  this  point.  Prince  BLsmarck,  In  answering,  in  1S85,  an  application  from  the  Kiel  Chamber  of 
Commerce  for  a  statement  of  the  view  of  the  German  Government  on  the  question  of  the  right  to  declare  as  contraband 
foodstuffs  that  were  not  intended  for  military  forces,  said:  "I  reply  to  the  chamber  of  commerce  that  any  disadvantage 
our  commercial  and  carrying  interests  may  suffer  by  the  treatment  of  rice  as  contraband  of  war  does  not  justify  our 
opposing  a  measure  which  it  has  been  thought  fit  to  take  in  carrying  on  a  foreism  war.  Every  war  is  a  calamity  which 
entails  evil  consequences,  not  only  on  the  combatants  but  also  on  neutrals.  These  e^^ls  may  easily  be  increased  by 
the  interference  of  a  neutral  power  with  the  way  in  which  a  third  carries  on  the  war  to  the  disadvantage  of  the  subjects 
of  the  interfering  power,  and  by  this  means  German  commerce  might  be  weighted  with  far  heavier  losses  than  a  transi- 
tory prohibition  of  the  rice  trade  in  Chinese  waters.  The  measure  in  question  has  for  its  object  the  shortening  of 
the  war  by  increasing  the  difficulties  of  the  enemy,  and  is  a  justifiable  step  in  war  if  impartially  enforced  against  all 
neutral  .ships."  Count  Caprivi,  during  a  discussion  in  the  German  Reichstag  on  the  4th  of  March,  1892,  on  the  subject 
of  the  importance  of  international  protection  for  private  property  at  sea,  made  the  following  statements:  "A  country 
may  be  dependent  for  her  food  or  for  her  raw  products  upon  her  trade.  In  fact,  it  may  be  absolutely  necessary  to 
destroy  the  enemy's  trade."  »  »  *  "The  private  introduction  of  provisions  into  Paris  was  prohibited  during  the 
siege,  and  in  the  same  way  a  nation  would  be  justified  in  preventing  the  import  of  food  and  raw  produce."  The  Gov- 
ernment of  Great  Britain  have  frankly  declared,  in  concert  with  the  Government  of  France,  their  intention  to  meet 
the  German  attempt  to  stop  all  supplies  of  every  kind  from  leaving  or  entering  British  or  French  ports  by  themselves 
st,^)pping  supplies  going  to  or  from  Germany  for  this  end.  The  British  fleet  has  instituted  a  blockade,  effectively 
controlling  by  cruiser  "cordon  "  all  passage  to  and  from  Germany  by  sea.  The  difference  between  the  two  policies  is, 
however,  that  while  our  object  is  the  same  as  that  of  Germany,  we  propose  to  attain  it  without  sacrificing  neutral  ships 
or  noncombutant  lives  or  inflicting  upon  neutrals  the  damage  that  must  be  entailed  when  a  vessel  and  its  cargo  are 
sunk  without  notice,  examination,  or  trial.  I  must  emphasize  again  that  this  measure  is  a  natural  and  necessary 
consequence  of  the  unprecedented  methods,  repugnant  to  all  law  and  morality,  which  have  been  described  above,  which 
Germany  began  to  adopt  at  the  very  outset  of  the  war,  and  the  effects  of  which  have  been  constantly  accumulating. 

Page. 


763.72/1584. 

Ambassador   TT".  //.  Page  to  the  Secretary  of  State. 

[Telegram.] 

No.  1798.]  American  Emba.sst, 

London,  March  15,  1915. 
Following  is  the  full  text  of  a  note,  dated  to-day,  and  an  order  in  council  I  have  just 
received  from  Grey: 

1.  His  Majesty's  Government  have  had  under  careful  consideration  the  inquiries  which,  under  instructions  from 
your  Government,  Your  Excellency  addressed  to  me  on  the  eighth  instant  regarding  the  scope  and  mode  of  application 
of  the  measures,  foreshadowed  in  the  Britbh  and  French  declarations  of  the  first  of  March,  for  restricting  the  trade  of 
Germany.  Your  Excellency  explained  and  illustrated  by  reference  to  certain  contingencies  the  difficulty  of  the 
United  States  Government  in  adopting  a  definite  attitude  toward  these  measures  by  reason  of  uncertainty  regarding 
their  bearing  upon  the  commerce  of  neutral  countries. 

2.  I  can  at  once  assure  Your  Excellency  that  subject  to  the  paramount  necessity  of  restricting  German  trade  His 
Majesty's  Government  have  made  it  their  first  aim  to  minimize  inconvenience  ti <  neutral  commerce.  From  the  accom- 
panjdng  copy  of  the  order  in  council,  which  is  to  be  published  to-day,  you  will  observe  that  a  wide  discretion  is  afforded 
to  the  prize  court  in  dealing  with  the  trade  of  neutrals  in  such  manner  as  may  in  the  circumstances  be  deemed  just 
and  that  full  provision  is  made  to  facilitate  claims  by  persons  interested  in  any  goods  placed  in  the  custody  of  the  marshal 
of  the  prize  court  under  the  order.  I  apprehend  that  the  perplexities  to  which  Your  Excellency  refers  will  for  the 
most  part  be  dissipated  by  the  perusal  of  this  document  and  that  it  is  only  necessary  for  me  to  add  certain  explanatory 
observations. 

3.  The  effect  of  the  order  Ln  council  is  to  confer  certain  powers  upon  the  executive  officers  of  His  Majesty's  Govern- 
ment. The  extent  to  which  those  powers  will  be  actually  exercised  and  the  degree  of  severity  with  which  the  measures 
of  blockade  authorized  will  be  put  into  operation,  are  matters  which  will  depend  on  the  administrative  orders  issued 
by  the  Government  and  the  decisions  of  the  authorities  specially  charged  with  the  duty  of  dealing  with  indi\-idual 
ships  and  cargoes,  according  to  the  merits  of  each  case.  The  United  States  Government  may  rest  assured  that  the 
instructions  to  be  issued  by  His  Majesty's  Government  to  the  fleet  and  to  the  customs  officials  and  executive  committees 
concerned  will  impress  upon  them  the  duty  of  acting  with  the  utmost  dispatch  consistent  with  the  object  in  ■view  and 
of  sho^ving  in  every  case  such  consideration  for  neutrals  as  may  be  compatible  with  that  object  which  is,  succinctly 
stated,  to  establish  a  blockade  to  prevent  vessels  from  carrj-ing  goods  for  or  coming  from  Germany. 

4.  His  Majesty's  Government  have  felt  most  reluctant  at  the  moment  of  initiating  a  policy  of  blockade  to  exact 
from  neutral  ships  all  the  penalties  attaching  to  a  breach  of  blockade.  In  their  desire  to  allex-iate  the  burden  wliich 
the  existence  of  a  state  of  war  at  sea  must  inevitably  impose  on  neutral  sea-borne  commerce,  they  declare  their  inten- 
tion to  refrain  altogether  from  the  exercise  of  the  right  to  confiscate  ships  or  cargi>es  which  belligerents  have  always 
claimed  in  respect  of  breaches  of  blockade.  They  restrict  their  claim  to  the  stopping  of  cargoes  destined  for  or  cowing 
from  the  enemy's  territory. 

5.  As  regards  cotton,  full  particulars  of  the  arrangements  contemplated  have  already  been  explained.  It  will 
be  admitted  that  every  possible  regard  ha.s  been  had  to  the  legitimate  interests  of  the  American  cotton  trade. 

C.  Finally,  in  reply  to  the  penultimate  paragraph  of  Your  Excellency's  note,  I  have  the  honor  to  state  that  it 
is  not  intended  to  interfere  with  neutral  vessels  carrjing  enemy  cargo  of  noncontraband  nature  outside  European 
waters,  including  the  Mediterranean.  • 


66  RESTRAINTS    ON    COMMERCE. 

ORDER   IN   COUXClr.. 

Whereas  the  German  Ooverament  has  issued  certain  orders  which,  in  violation  of  the  usages  of  war,  purport  tec 
declare  the  waters  surrounding  the  United  Kingdom  a  military  area,  in  which  all  British  and  allied  merchant  vessels 
will  be  destroyed,  ii'respective  of  the  safety  of  the  lives  of  passengers  and  crew,  and  in  which  neutral  shipping  will 
be  exposed  to  similar  danger  in  view  of  the  uncertainties  of  naval  warfare;  and 

WTiereas  in  a  memorandum  accompanying  the  said  orders  neutrals  are  warned  against  entrusting  crews,  pas8enger8^ 
or  goods  to  British  or  allied  ships; 

^\^lereas  such  attempts  on  the  part  of  the  enemy  give  to  His  Majesty  an  unquestionable  right  of  retaliation; 

And  whereas  llis  Majesty  has  therefore  decided  to  adopt  further  measures  In  order  to  prevent  commodities  of 
any  kind  from  reaching  or  Iea\dng  Germany,  though  such  measures  will  be  enforced  without  risk  to  neutral  ships  or  to 
neutral  or  noncombatant  Iif(^  and  in  strict  observance  of  the  dictates  of  humanity; 

And  whereas  the  allies  of  His  Majesty  are  associated  with  him  In  the  steps  now  to  Ije  announced  for  restricting, 
further  the  commerce  of  Germany; 

His  Majesty  is  therefore  [ileased,  by  and  with  the  ad\ice  of  his  ])rivy  council,  to  order  and  it  is  hereby  ordered  as 
follows; 

1.  No  merchant  vessels  which  sailed  from  her  port  of  departure  after  the  first  March,  1915,  shall  be  allowed  to 
proceed  on  her  voyage  to  any  German  port. 

Unless  the  vessel  receives  a  pass  enabling  her  to  proceed  to  some  neutral  or  allied  port  to  be  named  in  the  pass, 
goods  on  board  any  such  vessel  must  Ije  discharged  in  a  British  port  and  jilaced  In  the  custody  of  the  marshal  of  the 
prize  court.  Goods  so  discharged,  not  being  contraband  of  war,  shall,  if  not  requisitk}ned  for  the  use  of  His  Majesty, 
be  restored  by  order  of  the  court,  upon  such  terms  as  the  court  may  In  the  circumstances  deem  to  be  just,  to  tlie  [lerson 
entitled  thereto. 

2.  No  merchant  vessel  which  sailed  from  any  German  port  after  the  first  March,  1915,  shall  be  allowed  to  [jroceed 
on  her  voyage  with  any  goods  on  board  laden  at  such  port. 

All  goods  laden  at  such  port  must  be  discharged  in  a  British  or  allied  port.  Goods  so  discharged  In  a  British  port 
shall  be  placed  in  the  cu.stody  of  the  marshal  of  the  prize  court,  and.  If  not  requisitioned  for  the  use  of  His  Majesty, 
sliall  be  detained  or  sold  under  the  direction  of  the  prize  court.  The  jiroceeds  of  goods  so  sold  shall  be  paid  into  court 
and  dealt  with  in  such  manner  as  the  court  may  In  the  circumstances  deem  to  be  just. 

Provided,  that  no  proceeds  of  the  sale  of  .such  goods  shall  be  paid  out  of  court  until  the  conclusion  of  peace,  except 
on  the  application  of  the  jjroper  olficer  of  the  Crown,  unless  it  l^e  shown  that  the  goods  had  become  neutral  i)ro])erty 
before  the  Issue  of  this  order. 

Pro%dded  also,  that  nothing  herein  shall  jirevent  the  release  of  neutral  property  laden  at  such  enemy  ymrl  on  the 
ap|)lication  of  the  proper  oflicer  of  the  Crown. 

3.  Everj  merchant  vessel  which  sailed  from  her  port  of  departure  after  the  first  of  March,  1915,  on  her  way  to  a 
port  other  than  a  German  port,  carrjang  goods  with  an  enemy  destination,  or  which  are  enemy  property,  may  be 
required  to  discharge  such  goods  in  a  British  or  allied  jiort.  Any  goods  so  discharged  In  a  British  port  shall  be  placed 
in  the  custody  of  the  marshal  of  the  prize  court,  and,  unless  they  are  contraband  of  war,  shall,  if  not  re(juIsItioned 
for  the  use  of  His  Majesty,  be  restored  by  order  of  the  court,  upon  such  terms  as  the  court  may  in  the  circumstances 
deem  to  be  just  to  the  person  entitled  thereto. 

Provided,  that  this  article  shall  not  apjily  in  any  case  falling  within  articles  2  or  i  of  this  order. 

4.  Every  merchant  vessel  which  sailed  from  a  port  other  than  a  German  port  after  the  first  of  March,  1915,  having 
on  board  goods  which  arc  of  enemy  origin  or  are  enemy  property  may  be  required  to  discharge  such  goods  in  a  British 
or  allied  port.  Goods  so  discharged  in  a  British  port  shall  be  placed  in  the  custody  of  the  marshal  of  the  prize  court, 
and  if  not  requisitioned  for  the  use  of  His  Majesty  shall  be  detained  or  sold  under  the  dii'ection  of  the  prize  court. 
The  proceeds  of  goods  so  sold  shall  be  paid  Into  court  and  dealt  ■\\'ith  In  such  manner  as  the  court  may  In  Iho  circum- 
stances deem  to  be  just. 

Provided,  that  no  proceeds  of  sale  of  such  goods  shall  be  paid  out  of  coiu-t  until  the  conclusion  of  peace  except 
on  the  application  of  the  proper  otncer  of  the  Crown,  unless  It  be  shown  that  the  goods  had  become  neutral  ))ro])erty 
before  the  Issue  of  this  order. 

Provided  also,  that  nothing  herein  shall  prevent  the  release  of  neutral  property  of  enemy  origin  on  the  ai)])lication 
of  the  proper  officer  of  the  Crown. 

5.  Any  person  claiming.to  be  interested  in,  or  to  ha\'e  any  claim  in  respect  of,  any  goods  (not  being  contraband 
of  war)  placed  in  the  custody  of  the  marshal  of  the  prize  court  under  this  order,  or  in  the  proceeds  of  such  goods,  may 
forthwith  issue  a  writ  In  the  prize  court  against  the  jiroper  ollicer  of  the  Crown  and  apply  for  an  order  that  the  goods 
should  be  restored  to  him,  or  that  their  proceeds  should  be  paid  to  him,  or  for  such  other  order  as  the  circumstances 
of  the  case  may  require. 

The  ])ractice  and  procedure  of  the  prize  coiu-t  shall,  so  far  as  applicable,  be  followed  mutali.i  inutnndis  in  any  pro- 
ceedings consequential  upon  this  order. 

6.  A  merchant  vessel  which  has  cleared  for  a  neutral  port  from  a  British  or  allied  port,  or  which  has  been  allowed 
to  pass,  having  an  ostensible  destination  to  a  neutral  port,  and  proceeds  to  an  enemy  port,  shall,  if  captured  on  any 
subsequent  voyage,  be  lialjle  to  condemnation. 

7.  Nothing  in  this  order  shall  be  deemed  to  affect  the  liability  of  any  vessel  or  goods  to  capture  or  condemnation 
independently  of  this  order. 

8.  Nothing  in  this  order  shall  prevent  the  relaxation  of  the  provisions  of  this  order  in  respect  of  the  merchant 
veasels  of  any  country  which  declares  that  no  commerce  intended  for  or  originating  In  Germany  or  belonging  to  Germany 
subjects  shall  enjoy  the  protection  of  its  flag. 

Page. 


BESTBAIXTS   OX   COMMERCE.  67 

File  No.  763.72112/1004. 

Ambassador  Sharp  to  the  Secretary  of  State. 

[Extracl.J 

No.  407.]  Americ.\x  Emba.sst, 

Paris,  March  30,  1915. 
Sir:  I  have  the  honor  to  enclose  to  you  herewith  the  text  of  a  decree,  dated  the  13th 
instant,  relative  to  the  treatment  of  merchandise  belonging  to  subjects  of  the  Gemaan  Empire, 
or  coming  from  Germany,  or  shipped  to  Germany,  having  gone  to  sea  after  the  promulgation  of 
this  decree.  Preceding  this  decree  is  the  text  of  a  report,  dated  the  12th  instant,  made  by  the 
Ministers  for  Foreign  Affairs,  Finance,  War  and  Marine,  to  the  President  of  the  Republic  and 
following  it  is  the  text  of  an  official  declaration,  dated  the  1st  instant,  both  relative  to  the 
decree  above  mentioned. 
I  have,  etc., 

Wm.  G.  Sharp. 


[Inclosure  1— Translation.) 
Report  to  the  President  of  the  French  Republic. 

Ministry  for  Foreign  Affairs, 

Paris,  March  12,  7915. 
Mn.  Pre.sidext:    The  German  Government  has  derreed  certain  measures  which  in  ^dolation  of  the  unages  of 
■war,  are  aimed  at  declaring  the  waters  wliich  encircle  northern  France  and  the  United  Kingdom  a  military  zone, 
in  which  all  allied  merchant  ve.ssels  shall  be  destroj-ed  without  regard  for  the  lives  of  the  crew  and  the  noncombatant 
passengers  and  in  which  neutral  shipping  mil  be  exposed  to  the  same  dangers. 

In  a  memorandum  accompanying  the  publication  of  the  aforesaid  measures  neutrals  are  warned  not  to  embark 
eailois,  passengers,  or  cargo  on  ships  belonging  to  the  Allies. 

Such  pretensions  on  the  ])art  of  the  enemy  give  to  the  Allied  Governments  the  right  to  respoiul  by  preventing 
every  kind  (jf  morchaudise  from  reaching  or  leaving  Germany.  However,  the  Allied  Governments  never  intend  to 
follow  their  enemy  in  the  cruel  and  baibaroua  methods  of  which  he  habitually  makes  use,  and  the  measures  to  which 
they  have  been  obliged  to  have  recourse  shall  not  in  their  intention  carry  any  risk  f<ir  neutral  vessels  or  for  the  lives 
of  neutrals  or  nonccimbalant^  and  shall  be  appHcd  in  strict  conformity  with  the  laws  of  humanity. 

It  is  under  these  conditions  and  in  this  spirit  that  tlie  joint  declaration  hereto  annexed,  notified  to  the  allied  Gov- 
emmenta  on  March  1,  191.5,  has  been  conceived,  and  in  which  are  drafted  the  terms  of  the  decree  which  we  h;ive  the 
honor  to  submit  for  your  high  approval. 

We  beg  you  to  accept,  Mr.  President,  the  a.«surances  of  our  profound  respect. 

Minister  of  Finance, 

Signed:  A.  Eibot. 

Minister  of  Marine, 

Signed:  Victor  Augaoneur. 

Minister  for  Foreign  Affairs, 

Signed:  Delcass^. 

Minister  of  War, 

Signed:  .A.  Millerand. 


[Inclosure  2— Translation.] 


The  President  of  the  French  Republic,  on  the  report  of  the  ministei  for  foreign  affairs,  the  minister  of  finance,  the 

minister  of  war,  and  the  minister  of  marine,  decrees: 

Articlf,  1. 

All  goods  belonging  to  .atibjects  of  the  German  Empire,  either  shipped  from  or  to  Germany  and  having  taken  the 
sea  since  the  ])iomulg;xtion  of  this  present  decree  shall  be  slopped  by  the  cruisers  of  the  Republic. 
All  territory  occupied  by  the  Geiman  armed  forces  ia  assimilated  to  German  territory. 

Article  2. 

All  articles  and  goods  either  of  German  brand  or  manufacture  or  mjule  in  Germany,  the  products  of  German  soil, 
aa  well  aa  all  articles  and  merchandise,  whatsoever  the  point  of  departure  of  which,  either  direct  or  in  transit,  is  in 
German  territory,  shall  be  considered  as  merchandise  coming  from  Germany. 

However,  the  present  stipulation  shall  not  apply  to  articles  or  merchandise  which  the  subject  of  a  neutral  country 
may  prove  to  liave  brought  lawfully  into  a  neutral  country  i)riur  to  the  promulgation  of  the  present  decree  or  of  which 
he  may  prove  tliat  lie  was  in  regular  and  lawful  possession  prior  to  the  said  promulgation. 

Article  3. 

All  articles  and  merchandise  whatsoever  shipped  either  direct  or  in  transit  to  Germany  or  to  a  country  close  to 
Germany,  whenever  the  documents  accompanying  said  articles  or  merchandise  shall  not  show  jiroof  that  their  ultimate 
and  tnie  destination  is  in  a  neutral  country,  shall  be  considered  as  merchandise  destined  for  Germany. 


68  liESIBAIXIb    OX'    COMMERCE. 

Article  4. 

Neutml  vessels  on  board  of  whioli  shall  be  found  merchandise  falling  within  article  1  sliall  be  conducted  to  a 
French  or  allied  port.  In  the  event  of  the  vessel  being  brought  to  a  French  port  the  nierch:indise  shall  be  unloaded 
unless  otherwise  provided  as  hereinafter  stipulated.    The  vessel  shall  aftenvards  be  liberated. 

All  merchandise  recognized  as  belonging  to  German  subjects  shall  be  placed  under  sequestration  or  sold,  the 
proceeds  thereof  being  deposited  at  the  Caisse  des  Depots  et  Consignations  until  the  conclusion  of  j>eace  to  the  account 
of  the  persons  entitled  thereto. 

All  merchandise  belonging  to  neutrals  and  coming  from  Germany  .sliall  be  held  at  the  diaposal  of  their  noutial 
owners  to  be  leshipped  to  their  port  of  departure  within  a  delay  which  sliall  l>e  determined.  After  expiration  of  the 
said  delay  the  said  merchandL^e  shiill  be  subject  to  requisition  or  sold  for  the  account  and  at  the  expen.se  and  risk  of 
the  owners. 

Merchandise  belonging  to  neutrals  and  bound  for  Germany  shall  be  held  at  the  disposal  of  the  neutral  owners, 
either  to  be  returned  to  the  port  of  departure  or  to  be  sent  to  any  other  French,  allied,  or  neutral  port  as  ma\-  ba 
authorized.  In  either  case  a  period  of  time  .-^hall  be  fixed,  at  the  exjiiration  of  which  the  merchandise  shall  be  subject 
to  requLoition  or  sold  for  the  account  and  at  the  expense  and  risk  of  the  owner. 

Article  5. 

In  exceptional  cases,  at  the  suggesticni  of  the  Minister  for  Foreign  Affairs,  approved  by  the  Minister  of  War,  the 
Minister  of  Marine  may  grant  authorization  for  the  passage  of  a  specified  cargo  or  a  certain  special  categorj-  of  mer- 
chandise destined  to  or  coming  from  a  3))ecified  neutral  country. 

Goods  coming  from  Germany  shall  only  be  authorized  to  pass  when  they  shall  have  been  loaded  in  a  neutral  port 
after  having  paid  the  customs  duty  of  the  neutral  country. 

Article  6. 

Nothing  in  this  decree  .shall  be  deemed  to  affect  the  provisions  decreed  regarding  merchandise  declared  absolute 
or  conditional  contraband  of  war. 

Article  7. 

The  question  as  to  whether  the  captured  merchandise  belongs  to  Geiman  subjects  or  is  bound  to  or  from  Geimany, 
shall  be  decided  before  a  ]>rize  court  as  hereinafter  pro^-ided. 

Within  two  days  from  the  arrival  of  the  cajitured  shiii,  the  ship's  papers  and  other  documents  justifying  the  ca])ture 
shall  be  sent  by  the  prize  service  of  the  port  through  the  Minister  of  Marine  to  the  commissioner  representing  the 
Government  at  the  prize  court,  who  will  imme<liately  notify  the  president  of  the  said  court. 

The  president  shall  convene  the  court  which  .shall  declare  sentence  upon  the  said  documents  within  eight  days 
of  the  registration  of  the  dossier  at  the  coutL  Xotwithstanding  the  said  delay,  the  court  shall  always  be  entitled  to 
oriler  any  investigation  which  may  appear  to  it  ad\"isable  and  to  grant,  if  necessary,  to  the  parties  who  may  so  demand, 
suflieient  time  to  justify  their  rights. 

The  decision  of  the  piize  court  shall  be  transmitted  to  the  Minister  of  Marine,  who  shall  be  directed  to  execute  same. 

Article  8. 

The  Minister  for  Foreign  Affairs,  the  Minister  of  Finance,  the  Minister  of  War,  and  the  Minister  of  Marine  shall 
be  directed,  in  so  far  as  they  are  respectively  concerned,  to  execute  the  present  decree. 
Done  at  Paris,  March  13,  1915. 

Signed:     R.  Poinc.\re. 
By  the  President  of  the  Re])ublic. 
The  Minister  for  Foreign  Affairs. 

Signed:  Delc.vsse. 
The  Minister  of  Finance. 

Signed:  A.  Ribot. 
The  Minister  of  War. 

Signed:  A.  Miller-UTD. 
The  Minister  of  JIarine. 

Signed:  Victor  Aug.\g.veur. 


[Inclosure  3 — Translation.] 
Annex. 

DECLAR.\TION. 

Germany  has  declared  the  English  Channel,  the  northern  and  western  coasts  of  France,  as  well  as  the  waters  sur- 
rounding the  British  Isles  to  be  a  ''war  zone,''  and  has  officially  proclaimed  that  "all  enemy  vessels  found  in  this 
zone  will  lie  destroyed  and  that  neutral  vessels  there  might  be  in  danger.'"  This  is  in  reality  a  claim  to  tori)edo  at 
sight,  without  regard  for  the  safety  of  crew  and  passengers,  any  merchant  vessel  under  any  flag.  As  it  is  not  in  the 
power  of  the  German  Admiialty  to  maintain  any  vessel  on  the  surface  in  these  waters,  this  attack  can  only  be  carried 
out  by  submarine  means.  International  law  and  the  custom  of  nations  regarding  attack  against  commerce  have 
alwaj's  presumed  that  the  fust  duty  of  the  captor  of  a  merchant  vessel  is  to  take  it  before  a  prize  court  where  it  can 
be  judged,  where  the  legularity  of  the  capture  can  be  determined,  and  where  neutrals  may  recover  their  cargo.  To 
sink  a  captured  vessel  is  in  itself  a  questionable  act,  to  which  recourse  can  be  had  only  under  extraordinary  circum- 
stances and  after  measures  have  been  token  to  assure  the  safety  of  all  the  crew  and  the  passengers,  if  there  are  pas- 
sengers on  board.  The  responsibility  of  distinguishing  between  neutral  and  enemy  cargo,  as  well  as  between  neutral 
and  enemy  vessels,  is  manifestly  incumbent  on  the  attacking  vessel,  whose  duty  it  is  to  verify  the  status  and  the 
character  of  the  vessel  and  its  cargo,  as  well  as  to  place  all  papers  in  safety,  before  sinking  or  even  making  a  capture. 
Also  the  duty  toward  humanity  consisting  in  aL-suring  the  .safety  of  crews  of  merchant  vessels,  whether  they  are  neutral 
or  enemy,  is  an  obligation  for  every  belUgerent.  It  is  on  this  basis  that  all  ]lre^dou3  discussions  of  the  law  aiming  at 
regulating  the  conduct  of  war  at  sea  liave  been  conducted. 


RESTRAINTS   OX   COMMERCE.  69 

In  fact,  a  German  eubmarine  is  incapable  of  fulfilling  any  one  of  thcjc  obligations.  It  exercisee  no  local  power 
on  the  waters  in  which  it  operates.  It  does  not  bring  ita  capture  within  the  juri-diction  of  a  prize  court.  It  does  not 
carrv-  any  prize  crew  which  it  can  put  aboard  a  prize.  It  employs  no  effe<,tive  meana  of  distinguishing  between  a 
neutral  and  an  enemy  vessel.  It  does  not,  by  taking  them  on  board,  a^ure  the  safety  of  the  crew  and  passengers  of 
the  vessel  which  it  sinks.  Its  methods  of  war  are  consequently  entirely  outside  the  observance  of  all  international 
texts  governing  operations  against  commerce  in  time  of  war.  The  German  declaration  8ubstitut«s  for  regulated  cap- 
ture blind  destruction. 

Germany  adopts  these  methods  against  peaceful  merchants  and  noncombatant  crews,  with  the  avowed  intention 
of  preventing  merchandise  of  every  kind  (including  provisions  for  feeding  the  ci\il  population)  from  entering  or  leaving 
the  British  Isles  and  northern  France.  Her  adversaries  are  consequently  forced  to  have  recourse  to  measures  of  retalia- 
tion 60  as  to  prevent  reciprocally  merchandise  of  all  kinds  from  reaching  or  leaving  Germany.  However,  these  meas- 
ures will  be  enforced  by  the  French  and  British  Governments  without  risk,  either  for  the  vessels  or  the  lives  of  neutrala 
and  of  noncombatants,  and  in  strict  conformity  with  humane  principles. 

Consequently,  the  French  Government  and  the  British  Government  consider  themselves  free  to  stop  and  conduct 
into  their  ports  vessels  carrj-ing  merchandise  presumably  destined  for  the  enemy,  property  of  the  enemy,  or  coming 
from  the  enemy.  These  vessels  will  not  be  confiscated  unless  they  shall  be  liable  to  bo  condemned  for  other  reasons. 
The  treatment  of  vessels  and  cargoes  which  have  gone  to  sea  before  this  date  will  not  be  modified. 

March  1,  1915. 


763.72/1.588. 


TJi£  Secretary  of  State  to  Ambassador  11'.  II.  Page. 


[Telegram.] 
No.  1343.]  Department  of  State, 

Washington,  March  SO,  1915. 

You  are  instructed  to  deliver  the  following  to  His  Majesty's  Government  in  reply  to  your 
numbers  179.5  and  1798  of  March  1.5: 

The  Government  of  the  United  States  has  given  careful  consideration  to  the  subjects 
treated  in  the  British  notes  of  March  13  and  March  15,  and  to  the  British  Order  in  Council 
of  the  latter  date. 

These  communications  contain  matters  of  grave  importance  to  neutral  nations.  Tbey 
appear  to  menace  their  rights  of  trade  and  intercourse  not  only  with  belligerents  but  also  with 
one  another.  They  caU  for  frank  comment  in  order  that  misunderstandings  may  be  avoided. 
The  Government  of  the  United  States  deems  it  its  duty,  therefore,  speaking  in  the  sincerest 
spirit  of  friendship,  to  make  its  own  view  and  position  with  regard  to  them  luimistakably  clear. 

The  Order  in  Council  of  the  loth  of  March  woidd  constitute,  were  its  provisions  to  be 
actually  carried  into  effect  as  they  stand,  a  practical  assertion  of  unlimited  belligerent  rights 
over  neutral  commerce  within  the  whole  Eiu-opean  area,  and  an  almost  unquaUfied  denial  of 
the  sovereign  rights  of  the  nations  now  at  peace. 

This  Government  takes  it  for  granted  that  there  can  be  no  question  what  those  rights  are. 
A  nation's  sovereignty  over  its  own  ships  and  citizens  under  its  own  flag  on  the  high  seas  in 
time  of  peace  is,  of  course,  unlimited;  and  that  sovereignty  suffers  no  diminution  in  time  of 
war,  except  in  so  far  as  the  practice  and  consent  of  civilized  nations  has  limited  it  by  the  recog- 
nition of  certain  now  clearly  determined  rights,  whicli  it  is  conceded  may  be  exercised  by  nations 
which  arc  at  war. 

A  belUgerent  nation  has  been  conceded  the  right  of  visit  and  search,  and  the  right  of  cap- 
ture and  condemnation,  if  upon  examination  a  neutral  vessel  is  found  to  be  engaged  in  unneutral 
service  or  to  be  carrying  contraband  of  war  intended  for  the  enemy's  government  or  armed 
forces.  It  has  been  conceded  the  right  to  estabUsh  and  maintain  a  blockade  of  an  enemy's 
ports  and  coasts  and  to  capture  and  condemn  any  vessel  taken  in  trying  to  break  the  blockade.  It 
is  even  conceded  the  right  to  detain  and  take  to  its  own  ports  for  judicial  examination  all  vessels 
which  it  suspects  for  substantial  reasons  to  be  engaged  in  unneutral  or  contraband  service  and 
to  condemn  them  if  the  suspicion  is  sustained.  But  such  rights,  long  clearly  defined  both  in 
doctrine  and  practice,  have  hitherto  been  held  to  be  the  only  permissible  exceptions  to  the 
principle  of  universal  equalitj-  of  sovereignty  on  the  high  seas  as  between  bclUgerents  and 
nations  not  engaged  in  war. 

It  is  confidently  assumed  that  His  Majesty's  Government  will  not  deny  that  it  is  a  rule 
sanctioned  by  general  practice  that,  even  though  a  blockade  should  exist  and  the  doctrine  of 
contraband  as  to  unblockaded  territory  be  rigidly  enforced,  innocent  shipments  may  be  freely 
transported  to  and  from  the  United  States  through  neutral  countries  to  belhgercnt  territory 
without  being  subject  to  the  penalties  of  contraband  traffic  or  breach  of  blockade,  much  less  to 
detention,  requisition,  or  confiscation. 

Moreover  the  rules  of  the  Declaration  of  Paris  of  1S56 — among  them  that  free  ships  make 
free  goods — wiU  hardly  at  this  day  be  disputed  by  the  signatories  of  that  solemn  agreement. 

His  Majesty's  Government,  like  the  Government  of  the  United  States,  have  often  and 
exphcitly  held  that  these  rights  represent  the  best  usage  of  wai^fare  in  the  dealuigs  of  beUig- 
97666°— 15 10 


70  RESTRAINTS   ON    COMMERCE. 

crents  with  neutrals  at  sea.  In  this  connection  I  desire  to  direct  attention  to  the  opinion  of  the 
Chief  Justice  of  the  United  States  in  the  case  of  the  Petrrhof,  which  arose  out  of  the  Civil  War, 
and  to  the  fact  that  that  opinion  was  unanimously  sustained  in  the  award  of  the  ^\j-bitration 
Commission  of  1S71,  to  which  the  case  was  presented  at  the  request  of  Great  Britain.  From 
that  time  to  the  Declaration  of  London  of  1909,  adopted  with  modifications  by  the  Order  in 
Councd  of  tlie  23d  of  October  last,  these  rights  have  not  been  seriously  questioned  by  the  British 
Government.  And  no  claim  on  the  part  of  Great  Britain  of  anj-  justification  for  interfering 
with  these  clear  rights  of  the  United  States  and  its  citizens  as  neutrals  could  be  admitted.  To 
admit  it  would  bo  to  assume  an  attitude  of  unncutrality  toward  the  present  enemies  of  Great 
Britain  wliich  would  be  obviously  inconsistent  with  the  solemn  obligations  of  this  Government 
in  the  present  circumstances;  and  for  Great  Britain  to  make  such  a  claim  would  be  for  her  to 
abandon  and  set  at  naught  the  principles  for  which  she  has  consistently  and  earnestly  contended 
in  other  times  and  cuTumstances. 

The  note  of  His  Majesty's  Principal  Secretary  of  State  for  Foreign  Affairs  which  accom- 
panies the  Order  in  Council,  and  which  bears  the  same  date,  notifies  the  Government  of  the 
United  States  of  the  establishment  of  a  blockade  wliich  is,  if  defined  bj-  the  terms  of  the  Order 
in  Council,  to  include  all  the  coasts  and  ports  of  Germany  and  every  port  of  possible  access  to 
enemy  territory.  But  the  novel  and  quite  unprecedented  feature  of  that  blockade,  if  we  are  to 
assume  it  to  be  properly  so  defined,  is  tliat  it  embraces  many  neutral  ports  and  coasts,  bars 
access  to  them,  and  subjects  all  neutral  ships  seeking  to  approach  them  to  the  same  suspicion 
that  would  attach  to  them  were  they  bound  for  the  ports  of  the  enemies  of  Great  Britain,  and  to 
unusual  risks  and  penalties. 

It  is  manifest  that  such  limitations,  risks,  and  liabilities  placed  upon  the  ships  of  a  neutral 
power  on  the  high  seas,  beyond  the  right  of  visit  and  search  and  the  right  to  prevent  the  ship- 
ment of  contraband  alreadj-  referred  to,  are  a  distmct  invasion  of  the  sovereign  rights  of  the 
nation  whose  ships,  trade,  or  commerce  is  interfered  with. 

The  Government  of  the  United  States  is,  of  course,  not  oblivious  to  the  great  changes 
which  have  occurred  in  the  conditions  and  means  of  naval  warfare  since  the  rules  hitherto 
governmg  legal  blockade  were  formulated.  It  might  be  ready  to  admit  that  the  old  form  of 
"close"  blockade  with  its  cordon  of  ships  in  the  immediate  offing  of  the  blockaded  ports  is  no 
longer  practicable  in  face  of  an  enemy  possessing  the  means  and  opportunity  to  make  an  effective 
defense  by  the  use  of  submarines,  mines,  and  air  craft;  but  it  can  hardly  be  maintained  that, 
whatever  form  of  effective  blockade  may  be  made  use  of,  it  is  impossible  to  conform  at  least 
to  the  spirit  and  principles  of  the  established  rules  of  war.  If  the  necessities  of  the  case  should 
seem  to  render  it  imperative  that  the  cordon  of  blockading  vessels  be  extended  across  the 
approaches  to  any  neighboring  neutral  port  or  country,  it  would  seem  clear  that  it  would  still 
be  casdy  practicable  to  comph'  with  the  weU-recognizod  and  reasonable  prohibition  of  inter- 
national law  against  the  blockading  of  neutral  ports  by  according  free  admission  and  exit  to 
all  lawful  traffic  with  neutral  ports  through  the  blockading  cordon.  This  traffic  woidd  of 
course  include  all  outward-bound  traffic  from  the  neutral  country  and  all  inward-bound  traffic 
to  the  neutral  country  except  contraband  in  transit  to  the  enemy.  Such  procedure  need  not 
conflict  in  any  respect  with  the  rights  of  the  belligerent  maintaining  the  blockade  since  the 
right  would  remain  with  the  blockadmg  vessels  to  visit  and  search  all  ships  either  entering  or 
leaving  the  neutral  territory  which  they  were  in  fact,  but  not  of  right,  investing. 

The  Government  of  the  United  States  notes  that  in  the  Order  in  Council  His  Majesty's 
Government  give  as  their  reason  for  entering  upon  a  course  of  action,  which  they  are  aware  is 
without  precedent  in  modern  warfare,  the  necessity  they  conceive  themselves  to  have  been 
placed  under  to  retaliate  upon  their  enemies  for  measures  of  a  similar  nature  which  the  latter 
have  announced  it  their  intention  to  adopt  and  which  they  have  to  some  extent  adopted;  but 
the  Government  of  the  United  States,  recalling  the  principles  upon  which  His  Majesty's  Gov- 
enrment  have  hitherto  been  scrupulous  to  act,  interprets  this  as  merely  a  reason  for  certain 
extraordmary  activities  on  the  part  of  His  Majesty's  naval  forces  and  not  as  an  excuse  for  or 
prelude  to  any  unlawful  action.  If  the  com-se  piu-sued  by  the  present  enemies  of  Great  Britain 
should  prove  to  be  in  fact  tainted  by  illegality  and  disregard  of  the  principles  of  war  sanctioned 
by  enlightened  nations,  it  can  not  be  supposed,  and  this  Government  does  not  for  a  moment 
suppose,  that  His  Majesty's  Government  would  wish  the  same  taint  to  attach  to  their  own 
actions  or  would  cite  such  illegal  acts  as  in  any  sense  or  degree  a  justification  for  similar  prac- 
tices on  their  part  in  so  far  as  they  affect  neutral  rights. 

It  is  thus  that  the  Government  of  the  United  States  interprets  the  language  of  the  note  of 
His  Majesty's  Prmcipal  Secretary  of  State  for  Foreign  Affairs  which  accompanies  the  copy 
of  the  Order  in  Conned  which  was  handed  to  the  Ambassador  of  the  United  States  near  the 
Government  in  London  and  by  him  transmitted  to  Washington. 


► 


BESTRAINTS   ON   COMMERCE.  71 

This  Government  notes  wntli  gratification  that  "wide  discretion  is  afforded  to  the  prize 
court  in  dealing  with  the  trade  of  neutrals  in  such  manner  as  may  in  the  circumstances  be 
deemed  just,  and  that  full  provision  is  made  to  facilitate  claims  by  persons  interested  in  any 
goods  placed  in  the  custody  of  the  marshal  of  the  prize  court  under  the  order";  that  "the 
effect  of  the  Order  in  Council  is  to  confer  certain  powers  upon  the  executive  officers  of  His 
Majesty's  Government";  and  that  "the  extent  to  which  those  powers  will  be  actually  exercised 
and  the  degree  of  severity  with  which  the  measures  of  blockade  authorized  will  be  put  into  oper- 
ation are  matters  which  will  depend  on  the  administrative  orders  issued  by  the  Government  and 
the  decisions  of  the  authorities  especially  charged  with  the  duty  of  deahjig  with  individual 
ships  and  cargoes  according  to  the  merits  of  each  case."  This  Government  further  notes  with 
ecjual  satisfaction  the  declaration  of  the  British  Government  that  "  the  instructions  to  be  issued 
by  His  Majesty's  Government  to  the  fleet  and  to  the  customs  officials  and  executive  committees 
concerned  wUl  impress  upon  them  the  duty  of  acting  with  the  utmost  dispatch  consistent  with 
the  object  in  view,  and  of  showing  in  every  case  such  consideration  for  neutrals  as  may  be  com- 
patible with  that  object,  which  is,  succinctly  stated,  to  establish  a  blockade  to  prevent  vessels 
from  carrying  goods  for  or  coming  from  Gennany." 

In  view  of  these  assurances  formally  given  to  this  Government,  it  is  confidently  expected 
that  the  extensive  powers  conferred  by  the  Order  in  Council  on  the  executive  officers  of  the 
Crown  will  be  restricted  by  "orders  issued  by  the  Government"  directing  the  exercise  of  their 
discretionary  powers  in  such  a  manner  as  to  modify  in  practical  application  those  provisions  of 
the  Order  in  Council  wliich,  if  strictly  enforced,  would  ^-iolate  neutral  rights  and  interrupt 
legitimate  trade.  Reljong  on  the  faithful  performance  of  these  voluntary  assurances  by  His 
Majesty's  Government  the  United  States  takes  it  for  granted  that  the  approach  of  American 
merchnntmen  to  neutral  ports  situated  upon  the  long  line  of  coast  affected  by  the  Order  in 
Council  will  not  be  interfered  with  when  it  is  known  that  they  do  not  carry  goods  which  are 
contraband  of  war  or  goods  destined  to  or  proceeding  from  ports  within  the  belligerent  terri- 
tory affected. 

The  Government  of  the  United  States  assmnes  with  the  greater  confidence  that  His 
Majesty's  Government  will  thus  adjust  their  practice  to  the  recognized  rules  of  international 
law,  because  it  is  manifest  that  the  British  Govermnent  have  adopted  an  extraordinary  method 
of  "stopping  cargoes  destined  for  or  coming  from  the  enemy's  tenitory,"  which,  owing  to  the 
existence  of  imusual  conditions  in  modem  warfare  at  sea,  it  will  be  difficult  to  restrict  to  the 
limits  which  have  been  heretofore  required  by  the  law  of  natioiLs.  Though  the  area  of  opera- 
tions is  confined  to  "European  waters  including  the  Mediterranean,"  so  great  an  area  of  the 
high  seas  is  covered  and  the  cordon  of  ships  is  so  distant  from  the  territory  affected  that  neutral 
vessels  must  nccessaiily  pass  through  the  blockading  force  in  order  to  reach  important  neutral 
ports  which  Great  Britain  as  a  belligerent  has  not  the  legal  right  to  blockade  and  which,  there- 
fore, it  is  presumed  she  has  no  intention  of  claiming  to  blockade.  The  Scandinavian  and 
Danish  ports,  for  example,  are  open  to  American  trade.  They  are  also  free,  so  far  as  the  actual 
enforcement  of  the  Order  in  Council  is  concerned,  to  carry  on  trade  with  German  Baltic  ports 
although  it  is  an  essential  element  of  blockade  that  it  bear  with  equal  severity  upon  all  neutrals. 

This  Government,  therefore,  infers  that  the  commanders  of  liis  Majesty's  ships  of  war 
engaged  in  maintaining  the  so-called  blockade  will  be  instructed  to  avoid  an  enforcement  of 
the  proposed  measiu-es  of  nonintercourso  in  such  a  way  as  to  impose  restrictions  upon  neutral 
trade  more  burdensome  than  those  wliich  have  been  regarded  as  inevitable  when  the  ports  of 
a  belligerent  are  actually  blockaded  by  the  ships  of  its  enemy. 

The  possibilities  of  serious  interruption  of  American  trade  under  the  Order  m  Council 
aro  so  many,  and  the  methods  proposed  are  so  unusual  and  seem  liable  to  constitute  so  great 
an  impediment  and  embarrassment  to  neutral  commerce  that  the  Govenmient  of  the  United 
States,  if  the  Order  in  Council  is  strictly  enforced,  apprehends  many  interferences  with  its 
legitimate  trade  which  will  impose  upon  His  Majesty's  Government  heavy  responsibilities  for 
acts  of  the  British  authorities  clearly  subversive  of  the  rights  of  neutnU  nations  on  the  high  seas. 
It  is,  therefore,  expected  that  His  Majesty's  Government,  having  considered  these  possibiUties, 
will  take  the  steps  necessary  to  avoid  them,  and,  in  the  event  that  they  should  unhappil_v  occur, 
will  be  prepared  to  make  full  reparation  for  every  act  which  under  the  rult>s  of  international 
law  constitutes  a  violation  of  neutral  rights. 

As  stated  in  its  communication  of  October  22,  1914,  "this  Government  will  insist  that  the 
rights  and  duties  of  the  United  States  and  its  citizens  in  the  present  war  be  defined  by  the 
existing  rules  of  international  law  and  the  treaties  of  the  United  States,  irrespective  of  the 
provisions  of  the  Declaration  of  London,  and  that  this  Govermnent  reserves  to  itself  the  right 
to  enter  a  protest  or  demand  in  each  case  in  which  those  rights  and  duties  so  defined  arc  violated 
or  their  free  exercise  interfered  with,  by  the  authorities  of  the  British  Government." 


72  RESTRAINTS   ON    COMMERCE. 

In  conclusion  you  will  reiterate  to  His  Majesty's  Government  that  this  statement  of  the 
views  of  the  Government  of  the  United  States  is  made  in  the  most  friendly  spirit,  and  in 
accordance  with  the  luiiform  candor  whicli  has  characterized  the  relations  of  the  two  Gov- 
ernments in  the  past,  and  which  has  been  in  large  measure  the  foundation  of  the  peace  and 
amity  existing  between  the  two  nations  without  interruption  for  a  century. 

Bryan. 


File  No.  3U.U5.G82/-13. 

Consul  General  SJcinner  to  the  Secretary  of  State. 

[Extract.] 

American  Consxilate  General, 

London,  April  7,  1915. 
Sir:  Referring  to  my  telegram  dated  March  31st  setting  forth  that  under  an  unprodaimed 
Order  in  Council  dated  March  23d  it  was  proposed  to  requisition  the  cargo  of  the  Wilhelmina, 
I  have  the  honor  to  enclose  herewith  a  full  copy  of  the  order  in  cpiestion. 
I  have,  etc., 

Robert  P.  Skinner 


FUe  No.  341.  115  G.82/43. 

ORDER   IN   COUNCIL. 

March  23,  1915. 

Whereas  by  section  3  of  the  prize  courts  act,  1894,  His  Majesty  in  Council  is  authorized  to  make  rules  of  court  for 
regulating,  subject  to  the  pro^-isions  of  the  naval  prize  act,  1S64,  and  the  said  act,  the  procedure  and  practice  of  prize 
courts  within  the  meaning  of  the  naval  prize  act,  1864,  and  the  duties  and  conduct  of  the  ofBcers  of  the  courts  and  of 
the  practitioners  therein,  and  for  regulating  the  fees  to  be  taken  by  the  officers  thereof,  and  the  costs,  charges,  and 
expenses  to  be  allowed  to  the  practitioners  therein: 

And  whereas  in  pursuance  of  the  prize  courts  act,  1894,  certain  rules  were  made  by  the  order  of  His  Majesty  in 
Council,  dated  the  5th  day  of  August,  1914,  and  amended  by  the  Orders  of  His  Majesty  in  Council  of  the  30th  day  of 
September,  1914,  and  the  28th  day  of  November,  1914,  respectively,  which  said  rules  and  amended  rules  were  by 
the  said  orders  in  council  directed  to  take  effect  provisimially  in  accordance  with  the  provisions  of  section  2  of  the 
Rules  Publication  Act,  1893,  from  the  dates  of  the  said  Orders  in  Council,  respectively: 

And  whereas  the  provisions  of  section  1  of  the  rules  ))ublication  act,  1893,  were  duly  complied  with  in  respect  of 
the  said  rules  and  amended  rules,  and  the  same  were  Jinnlhj  made  by  the  orders  of  Uis  Majesty  in  Council,  dated, 
respectively,  the  17th  day  of  September,  1914,  the  28th  day  of  November,  1914,  and  the  3d  day  of  February,  1915. 

And  whereas  it  is  expedient  that  the  said  rules  and  amended  rules  should  be  fui-ther  amended. 

And  whereas  on  account  of  urgency  this  order  should  come  into  immediate  operation. 

Now,  therefore,  His  Majesty,  by  ■virtue  of  the  powers  in  this  behalf  by  the  said  act  or  otherwise  in  him  vested,  is 
pleased,  by  and  with  the  advice  of  his  privy  council,  to  order,  and  it  is  hereby  ordered,  as  follows: 

1.  That  in  Order  IX  (discovery,  iMs]iec1ion,  and  admission  of  documents  and  facts)  of  the  said  niles: 

In  rule  1,  the  words  "upon  (lUng  an  athda\'it"  shall  be  omitted. 

In  rule  1,  instead  of  the  words  "any  other  party"  there  shall  be  substituted  the  words  "any  party  other  than 
the  proper  officer  oi  the  Crown." 

2.  That  in  Order  XI  (sale,  appraisement,  safe  custody,  and  inspection  of  prize)  of  the  said  rules,  in  rule  1,  the 
following  Words  shall  be  omitted:  "on  account  of  the  condition  of  a  ship,  or  on  apphcation  of  a  claimant,  and  on  or 
after  condemnation." 

3.  That  in  Order  XV  (e\'idence  and  hearing)  of  the  said  rules,  the  follomng  rule  shall  be  added: 

"21.  Notwithstanding  anything  contained  in  these  rules  the  proper  officer  of  the  Crown  may  apply  to  the  judge 
for  leave  to  administer  interrogatories  fur  the  examination  of  any  pcr.-icjii  whether  a  ])arty  to  the  cause  or  not." 

4.  That  Order  XXIX  (requisition  liy  admiralty)  of  the  said  rules,  as  amended  ]>y  His  Majesty's  Order  in  Council 
dated  the  2Sth  day  of  November,  1914,  shall  be,  and  the  same  is  hereby,  revoked,  and  in  heu  thereof  the  following 
order  shall  have  effect: 

"order   XXIX — REQUISITION. 

"1.  AVhere  it  is  made  to  appear  to  the  judge  on  the  application  of  the  proper  officer  of  the  Crown  that  it  is  desired 
to  requisition  on  behalf  of  His  Majesty  a  ship  in  respect  of  which  no  final  decree  of  condemnation  has  been  made,  he 
shall  order  that  the  ship  sluill  be  appraised,  and  that  upon  an  undertaking  being  given  in  accordance  with  rule  5 
of  this  order,  the  ship  shall  be  relased  and  deUvered  to  the  Crown. 

"2.  Where  a  decree  for  the  <leteution  of  a  ship  has  been  made  in  accordance  with  Order  XXVIII,  the  proper  officer 
of  the  Crown  may  file  a  notice  (A])i)endix  A,  Form  No.  55)  that  the  Crown  desires  to  requisition  the  same,  and  there- 
upon a  commission  (Appendix  A,  Form  No.  56)  to  the  marshal  directing  him  to  appraise  the  ship  shall  issue.  Upon 
an  undertaking  being  given  in  accordance  with  rule  5  of  this  order  the  ship  shall  be  released,  and  delivered  to  the 
Crown.  Service  of  this  notice  shall  not  be  required  before  filing,  but  copies  thereof  shall  be  served  upon  the  parties 
by  the  proper  officer  of  the  (!rown  as  soon  thereafter  as  jjossible. 

"3.  Where  in  any  case  of  requisition  under  this  order  it  is  made  to  appear  to  the  judge  on  behalf  of  the  Crown 
that  the  ship  is  required  for  the  service  of  His  Majesty  forthwith,  the  judge  may  order  the  same  to  be  forthwith  released 
and  deUvered  to  the  Crown  without  appraisement. 

"4.  In  any  case  where  a  ship  has  been  requisitioned  under  the  provisions  of  tliis  order  and  whether  or  not  an 
appraisement  has  been  made,  the  court  may,  on  the  apphcation  of  any  party,  fix  the  amount  to  be  paid  by  the  Crown 
in  respect  of  the  value  of  the  ship. 


RESTRAINTS   OX   COMMERCE.  73 

"5.  In  every  case  of  requisition  under  this  order  an  undertaking  in  writing  shall  be  filed  by  the  proper  officer  of 
the  Crown  for  pa>Tnent  into  court  on  behalf  of  the  Crown  of  the  appraised  value  of  the  ship,  or  of  the  amount  fixed 
under  Rule  4  of  this  order,  as  the  rase  may  be,  at  such  time  or  times  as  the  court  sh;ill  declare  by  order  that  the  same 
or  any  ])art  thereof  is  retjuircd  for  tho  ])uq)ose  of  pajinent  out  of  court. 

"  G.  \\here  in  any  case  of  re<iui;ation  under  lliis  order  it  is  made  to  appear  to  the  judge  on  behalf  of  the  Cro'ivTi  that 
the  Crown  desires  to  requisition  the  ship  temporarily,  the  court  may,  in  lieu  of  an  order  of  release,  make  an  order  for 
the  temporary  delivery  of  the  ship  to  the  Crown,  and  subject  as  aforesaid  the  jjrovisions  of  tliis  order  shall  apply  to  such 
a  requisition ;  provided  that,  in  the  event  of  the  return  of  the  ship  to  the  custody  of  the  court,  the  court  may  make  such 
order  as  it  thinks  fi  t  for  the  release  of  the  undertaking  given  on  bahalf  of  the  Crown  or  the  reduction  of  the  amount  uiuler- 
taken  to  De  paid  then^by,  as  the  case  may  be;  and  provided  also  that,  where  the  slii))  so  requisitioned  is  subject  to  the 
provisions  of  Order  XX\'I1I,  rule  1,  relating  to  detention,  Ihr;  amount  for  which  the  ('n)Wn  shall  be  considered  liable 
in  respect  of  such  refjuisition  shall  be  the  amount  of  the  damage,  if  any,  which  the  ship  h;is  suffered  by  reason  of  such 
temporary  delivery  as  aforesaid. 

"7.  The  proceedings  in  respect  of  a  ship  requisitioned  under  this  order  shall  continue  not-withstanding  the  requi- 
sition. 

"8.  In  any  case  of  requisition  of  a  ship  in  respect  of  which  no  cause  has  been  instituted,  any  person  interested  in 
such  ship  may,  without  issuing  a  writ,  provided  he  does  not  intend  to  make  a  claim  for  restitution  or  damages,  apply 
by  summons  for  an  order  that  the  amount  to  bo  paid  in  respect  of  such  ship  be  fi.xed  by  the  court,  and  the  judge  may, 
on  the  hearing  of  such  summons,  order  the  ship  to  be  apprai.sed  or  to  be  valued,  or  give  such  other  directions  for  fixing 
the  amount  as  he  may  think  fit." 

5.  That  in  Form  4  in  A])pendix  A  to  the  said  rules  there  shall  be  omitted  the  words  "commander  of  our  ship  of 
war"  and  the  words  ''taken  and  seized  as  price  by  our  said  .ship  of  war." 

6.  This  order  shall  take  effect  pToviiionaUy  in  accordance  with  the  provisions  of  Section  2  of  the  rules  publication 
act,  1893,  from  the  date  hereof. 

Almekic  FrrzBOY. 
763.72111/19:50. 


The  German  Ambassador  to  the  Secretary  of  State. 

[Translation.] 

No.  A2341.]  Imperial  German  Embassy, 

WasMnrjton,  AprilJ^,  1915. 
Mr.  Secretary  of  State:  I  have  the  honor  to  dcHver  to  Your  Excelloncy  the  inclosed 
memorandum  on  German-American  trade  and  the  question  of  delivery  of  arms. 
Accept,  etc., 

J.  Bernstorff. 


Ilnclosure— Translat  ion.] 
MEMORANDUM. 

No.  A2841.]  Imperial  German  Embassy, 

Washinglon,  D.  C,  April .(,  1915. 

The  various  British  Orders  in  Council  have  one-sidedly  modified  the  generally  recognized  principles  of  international 
law  in  a  way  which  arbitrarily  stops  the  commerce  of  neutral  nations  \vith  Germany.  Even  before  the  last  British 
Order  in  Council,  the  shipment  of  conditional  contraband,  especially  food  supplies,  to  Germany  was  practically  imjios- 
sible.  Prior  to  the  protest  sent  by  the  American  to  the  British  Government  on  December  28  last,  such  a  shipment 
did  not  actually  take  place  in  a  single  case.  Even  after  this  protest  the  Imperial  Embassy  knows  of  only  a  single  case 
in  which  an  American  shipper  has  ventured  to  make  such  a  shipment  for  the  purpose  of  legitimate  sale  to  Germany. 
Both  ship  and  cargo  were  immediately  seized  by  the  English  and  are  being  held  in  an  English  port  under  the  pretext 
of  an  order  of  the  German  Federal  Council  (Bundesrat)  regarding  the  grain  trade,  altliough  this  resolution  of  the  Federal 
Council  relates  exclusively  to  grain  and  flour,  and  not  to  other  foodstuffs,  besides  making  an  express  exception  mth 
resjject  to  imported  foodstuffs,  and  although  the  German  Ciovernment  gave  the  American  Government  an  assurance, 
and  proposed  a  special  organization  whereby  the  exclusive  consumption  by  the  civilian  population  is  absolutely 
guaranteed. 

Under  the  circumstances  the  seizure  of  the  American  ship  was  inadmissible  according  to  recognized  principles 
of  international  law.  Nevertheless  the  United  States  Govermnent  has  not  to  date  secured  the  relea.se  of  the  ship  and 
cargo,  and  has  not,  after  a  duration  of  the  war  of  eight  months,  succeeded  in  protecting  its  lawful  trade  with  Germany. 

Such  a  long  delay,  especially  in  matters  of  food  supply,  is  equivalent  to  an  entire  denial. 

The  Imperial  Embassy  must  therefore  assume  that  the  United  States  Government  acquiesces  in  the  violations  of 
international  law  by  Great  Britain. 

Then  tlicre  is  also  the  attitude  of  the  United  States  in  the  question  of  the  exportation  of  arms.  The  Imperial 
Government  feels  sure  that  the  United  States  Government  will  agree  that  in  questions  of  neutrality  it  is  necessary  to 
take  into  consideration  not  only  the  formal  aspect  of  the  case,  but  also  the  sjiirit  in  which  the  neutrality  is  carried  out. 

The  situation  in  the  present  war  differs  from  that  of  any  previous  war.  Therefore  any  referenie  to  arms  furnished 
by  Germany  in  former  wars  is  not  justified,  for  then  it  was  not  a  question  whether  war  material  should  be  su]>plied  to 
the  belligerents,  but  ^vho  should  supply  it  in  competition  with  other  nations.  In  the  present  war  all  nations  having  a 
war  material  industry  worth  mentioning  are  either  involved  in  the  war  themselves  or  are  engaged  in  i)erfecting  their 
own  armaments,  and  have  therefore  laid  an  embiu-go  against  the  exportation  of  war  material.  The  United  States  is 
accordingly  the  only  neutral  country  in  a  position  to  furnish  war  materials.  The  conception  of  neutrality  is  thereby 
given  a  new  pin-jiort,  independently  of  the  formal  question  of  hitherto  existing  law.  In  contradiction  thereto,  the 
United  States  is  building  up  a  jKiwerful  arms  industry  in  the  broadest  sense,  the  existing  plants  not  only  being  worked 
but  enlarged  by  all  available  means,  and  now  ones  built.  The  international  conventions  for  the  protection  of  the 
rights  of  neutral  nations  doubtless  sprang  from  the  neces-sily  of  jirotecting  the  existing  industries  of  neutral  nations  as 
far  as  possible  from  injury  in  their  business.     But  it  can  in  no  event  be  in  accordance  with  the  spirit  of  true  neutrality 


74  BESTRAIXTS   ON   COMMERCE. 

if  under  the  protection  of  such  international  stipulations,  an  entirely  new  industrj-  is  created  in  a  neutral  state,  such 
as  is  the  development  of  the  amis  industrj-  in  the  United  States,  the  business  whereof,  under  the  present  conditions,  < 
can  benefit  only  the  belligerent  powers. 

This  industry  is  actually  delivering  goods  only  to  the  enemies  of  Germany.  The  theoretical  willingness  to  supply 
Germanv  also  if  shipments  thither  were  possible,  does  not  alter  the  case.  If  it  is  the  will  of  the  American  people  that 
there  shall  be  a  true  neutrality,  the  United  States  will  find  means  of  preventing  this  one-sided  siijjply  of  arms  or  at 
least  of  utilizing  it  to  protect  legitimate  trade  with  Germany,  esi)ecially  that  in  foodstuffs.  This  view  of  neutrality 
should  all  the  more  appeal  to  the  United  States  Government  because  the  latter  enacted  a  similar  policy  toward  Mexico. 
On  February  4,  1914,  President  Wilson,  according  to  a  statement  of  a  Representative  in  Congress  in  the  ("ommittee 
for  Foreign  Affairs  of  December  30,  1914.  upon  the  lifting  of  the  embargo  on  arms  to  Mexico,  declared  that  "we  should 
stand  for  genuine  neutrality,  considering  the  surrounding  facts  of  the  case  *  *  *.''  He  then  held  that  "in  that  case, 
because  Carranza  had  no  ports,  while  Uuerta  had  thera  and  was  able  to  import  these  materials,  that  it  was  our  duty 
as  a  nation  to  treat  (Carranza  and  Iluerta)  upon  an  equality  if  we  wished  to  ob.serve  the  true  spirit  of  neutrality  as 
compared  with  a  mere  ])aper  neutrality." 

If  this  ^^ew  were  applied  to  the  present  case,  it  would  lead  to  an  embargo  on  the  exportation  of  anus. 


763.72111/1930. 

The  Secretary  of  State  to  the  German  Ambassador. 

No.  1379.]  Department  of  State, 

'Washington,  April  21,  1915. 

Excellency:  I  have  given  thoughtful  consideration  to  your  E.xcelloncy's  note  of  the  4th 
of  April,  1915,  enclosing  a  memorandum  of  the  same  date,  in  which  Your  Excellency  discusses 
the  action  of  this  Government  with  regard  to  trade  between  the  United  States  and  Germanv 
and  the  attitude  of  this  Government  witli  regard  to  the  exportation  of  arms  from  the  United 
States  to  the  nations  now  at  war  mth  Germany. 

I  must  athnit  that  I  am  somewhat  at  a  loss  how  to  interpret  Your  Excellency's  treatment 
of  these  matters.  There  arc  many  circumstances  connected  with  tliese  important  subjects  to 
which  I  would  have  expected  Your  ExceUoncj-  to  advert,  but  of  which  you  make  no  mention, 
and  there  are  other  circumstances  to  which  you  do  refer  wliich  I  would  have  supposed  to  be 
hardly  appropriate  for  discussion  between  the  Government  of  the  United  States  and  the  Gov- 
ernment of  Germany. 

I  shall  take  the  liberty,  therefore,  of  regarding  Your  Excellency's  references  to  the  course 
pursued  bj-  tlie  Government  of  the  United  States  with  regard  to  interferences  with  trade  from 
this  country,  such  as  the  Government  of  Great  Britain  have  attempted,  as  intended  merely 
to  dlustrate  more  fully  the  situation  to  which  you  desire  to  call  our  attention  and  not  as  an 
uivitation  to  discuss  that  course.  Your  Excellency's  long  experience  in  international  affairs 
will  have  suggested  to  you  that  the  relations  of  the  two  Governments  with  one  another  can 
not  wisely  be  made  a  subject  of  discussion  with  a  third  Government,  wliich  can  not  be  fully 
informed  as  to  tlie  facts  and  wliich  can  not  be  fully  cognizant  of  the  reasons  for  the  courso 
pui-sued.  I  believe,  however,  that  I  am  justified  in  assuming  that  what  you  desire  to  call 
forth  is  a  frank  statement  of  the  position  of  tliis  Government  in  regard  to  its  obligations  as  a 
neutral  power.  The  general  attitude  and  course  of  pohc}-  of  tliis  Government  in  the  mainte- 
nance of  its  neutrality  I  am  particularly  anxious  that  Your  Excellency  should  see  in  their  true 
light.  I  had  hoped  that  this  Government's  position  in  these  respects  had  been  made  abun- 
dantly clear,  but  I  am  of  course  perfectly  wdling  to  state  it  again.  This  seems  to  me  the  more 
necessary  and  desirable  because,  I  regret  to  say,  the  language  which  Your  Excellency  employs 
m  your  memorandtmi  is  susceptible  of  being  construed  as  impugning  tlie  good  faith  of  the 
United  States  in  the  performance  of  its  dutias  as  a  neutral.  I  take  it  for  granted  that  no  such 
implication  was  intended,  but  it  is  so  evident  that  Your  Excellency  is  laboring  under  certain 
false  impressions  that  I  can  not  be  too  explicit  in  setting  forth  the  facts  as  they  are,  when  fully 
reviewed  and  comprehended. 

In  the  first  place,  this  Government  has  at  no  time  and  in  no  manner  yielded  any  one  of 
its  riglits  as  a  neutral  to  any  of  the  present  belligerents.  It  has  acknowledged,  as  a  matter 
of  course,  the  right  of  visit  and  search  and  the  right  to  apply  tlie  rules  of  contral)and  of  war 
to  articles  of  commerce.  It  has,  indeed,  insisted  upon  the  use  of  visit  and  search  as  an  abso- 
lutely necessary  safeguard  against  mistaking  neutral  vessels  for  vessels  owned  by  an  enemy 
and  against  mistaking  legal  cargoes  for  illegal.  It  has  admitted  also  the  right  of  blockade  if 
actually  exercised  and  effectively  maintained.  These  are  merely  the  well-known  limitations 
which  war  places  upon  neutral  commerce  on  the  high  seas.  But  notliing  beyond  these  lias  it 
conceded.  I  ciill  Your  Excellency's  attention  to  this,  notAvithstanding  it  is  already  knowTi 
to  aU  the  world  as  a  consequence  of  the  publication  of  our  correspondence  in  regard  to  these 
matters  with  several  of  the  belligerent  nations,  because  I  can  not  assume  that  you  have  official 
cognizance  of  it. 


RESTRAINTS   ON    COMMERCE.  75 

In  the  second  place,  this  Government  attempted  to  secure  from  the  German  and  British 
Governments  mutual  concessions  with  regard  to  the  measures  those  Governments  respectively 
adopted  for  the  interruption  of  trade  on  the  high  seas.  This  it  did,  not  of  right,  but  merely 
us  exercising  the  privileges  of  a  sincere  friend  of  both  parties  and  as  indicating  its  impartial 
good  will.  The  attempt  was  unsuccessful;  but  I  regret,  that  Your  Excellency  did  not  deem 
it  worthy  of  mention  in  modification  of  the  impressions  you  expressed.  We  had  hoped  that 
this  act  on  our  part  had  shown  our  spirit  in  these  times  of  distressing  war  as  our  diplomatic 
correspondence  had  shown  our  steadfast  refusal  to  acknowledge  the  right  of  any  belligerant 
to  alter  the  accepted  rules  of  war  at  sea  in  so  far  as  they  affect  the  rights  and  interests  of 
neutrals. 

In  the  third  place,  I  note  with  sincere  regret  that,  in  discussing  the  sale  and  exportation  of 
arms  by  citizens  of  the  United  States  to  the  enemies  of  Germany,  Your  Excellency  seems  to 
be  under  the  impression  that  it  was  within  the  choice  of  the  Government  of  the  United  States, 
notwithstanding  its  professed  neutrality  and  its  diligent  efforts  to  maintain  it  in  other  par- 
ticulars, to  inhibit  this  trade,  and  that  its  failure  to  do  so  manifested  an  unfair  attitude  toward 
Germany.  This  Government  holds,  as  I  believe  Your  Excellency  is  aware,  and  as  it  Is  con- 
strained to  hold  in  view  of  the  present  indisputable  doctrines  of  accepted  international  law, 
that  any  change  in  its  o^vn  laws  of  neutrality  during  the  progress  of  a  war  wliich  would  affect 
unequally  the  relations  of  the  United  States  with  the  nations  at  war  would  be  an  unjustifiable 
departure  from  the  principles  of  strict  neutrality  by  which  it  has  consistently  sought  to  direct 
its  actions,  and  I  respectfully  submit  that  none  of  the  circumstances  urged  in  Your  Excel- 
lency's memorandum  alters  the  principle  involved.  The  placing  of  an  embargo  on  the  trade 
in  arms  at  the  present  time  would  constitute  such  a  change  and  be  a  direct  violation  of  the 
neutrality  of  the  United  States.  It  will,  I  feel  assured,  be  clear  to  Your  E.xcellency  th.it, 
holding  this  view  and  considering  itseK  in  honor  bound  by  it,  it  is  out  of  the  question  for  this 
Government  to  consider  such  a  coiu^e. 

I  hope  that  Your  E.xcellency  will  realize  the  spirit  in  which  I  am  drafting  this  reply. 
The  friendship  between  the  people  of  the  United  States  and  the  people  of  Germany  is  so 
warm  and  of  such  long  standing,  the  ties  which  bind  them  to  one  another  in  amity  are  so 
many  and  so  strong,  that  this  Government  feels  under  a  special  compulsion  to  speak  with 
perfect  frankness  when  an}'  occasion  arises  which  seems  likely  to  create  any  misunderstand- 
ing, however  slight  or  temporary,  between  those  who  represent  the  Governments  of  the  two 
countries.  It  will  be  a  matter  of  gratification  to  me  if  I  have  removed  from  Your  Excel- 
lency's mind  any  misapprehension  you  may  have  been  under  regarding  either  the  policy  or 
the  spirit  and  purposes  of  the  Government  of  the  United  States.  Its  neutrality  is  founded 
upon  the  firm  basis  of  conscience  and  good  will. 
Accept,  etc., 

W.  J.  Bryan. 


FUe  No.  763.72/1764a. 


The  Secretary  of  State  to  Ambassador  Gerard. 


No.  1664.]  Department  of  State, 

Washington,  May  13,  1915. 

Please  call  on  the  Minister  of  Foreign  Affairs  and  after  reading  to  him  this  communication 
leave  with  him  a  copy. 

In  view  of  recent  acts  of  the  German  authorities  in  violation  of  American  rights  on  the 
high  seas  which  culminated  in  the  torpedoing  and  sinking  of  the  British  steamship  Lusifania 
on  May  7,  1915,  by  which  over  100  American  citizens  lost  theu'  lives,  it  is  clearly  wise  and 
desirable  that  the  Government  of  the  United  States  and  the  Imperial  German  Government 
should  come  to  a  clear  and  full  understandmg  as  to  the  grave  situation  which  has  resulted. 

The  sinking  of  the  British  passenger  steamer  Fahba  by  a  German  submarine  on  March  28, 
through  which  Leon  C.  Tlirasher,  an  American  citizen,  was  drowned;  the  attack  on  April  28 
on  the  American  vessel  Cushing  by  a  German  aeroplane;  the  torpedoing  on  May  1  of  the 
American  vessel  Gulflight  by  a  German  submarine,  as  a  result  of  which  two  or  more  American 
citizens  met  their  death;  and,  fuially,  the  torpedomg  and  smking  of  the  steamship  Lusitania, 
constitute  a  series  of  events  wliich  the  Government  of  the  United  States  has  observed  with 
growing  concern,  distress,  and  amazement. 

Recallmg  tlio  humane  and  enUghtened  attitude  hitherto  assumed  by  the  Imperial  Ger- 
man Government  ui  mattei-s  of  international  right,  and  particularly  with  regard  to  the  free- 
dom of  the  seas;  having  learned  to  recognize  the  German  views  and  the  Germjui  influence 
in  the  field  of  international  obligation  as  always  engaged  upon  the  side  of  justice  and  humanity; 
and  having  imderstood  the  instructions  of  the  Imperial  German  Government  to  its  naval 


76  RESTRAINTS   ON    COMMERCE. 

commanders  to  be  upon  the  same  plane  of  humane  action  prescribed  by  the  naval  codes  of 
other  nations,  the  Government  of  the  United  States  was  loath  to  believe — it  can  not  now 
bring  itself  to  believe — tbat  these  acts,  so  absolutely  contrary  to  the  rules,  the  practices,  and 
the  spii-it  of  modem  warfare,  could  have  the  countenance  or  sanction  of  that  great  Govern- 
ment. It  feels  it  to  be  its  duty,  therefore,  to  address  the  Imperial  German  Government 
concerning  them  with  the  utmost  frankness  and  in  the  earnest  hope  that  it  is  not  mistaken 
in  c.xpectmg  action  on  the  part  of  the  Imperial  German  Govenmient  which  will  correct  the 
unfortunate  impressions  which  have  been  created  and  vuidicate  once  more  the  position  of 
that  Government  with  regard  to  the  sacred  freedom  of  the  seas. 

The  Government  of  the  United  States  has  been  apprised  that  the  Imperial  German  Gov- 
ernment considered  themselves  to  be  obhged  by  the  extraordinary  circumstances  of  tlie  present 
war  and  the  measures  adopted  1>y  their  adversaries  in  seeking  to  cut  Germany  off  from  all 
commerce,  to  adopt  methods  of  retahation  wliich  go  much  beyond  the  ordinary  methods  of 
warfare  at  sea,  in  the  proclamation  of  a  war  zone  from  which  they  have  warned  neutral  sliips 
to  keep  away.  This  Government  has  akeady  taken  occasion  to  inform  the  Imperial  German 
Government  that  it  can  not  admit  the  adoption  of  such  measures  or  such  a  warning  of  danger 
to  operate  as  in  any  degree  an  abbreviation  of  the  riglits  of  American  shipmasters  or  of  American 
citizens  bound  on  huvful  errands  as  passengers  on  merchant  ships  of  belligerent  nationality; 
and  that  it  must  hold  the  Imperial  German  Government  to  a  strict  accountability  for  any 
infringement  of  those  rights,  intentiomd  or  incidental.  It  does  not  understand  the  Imperial 
German  Government  to  question  those  rights.  It  assumes,  on  the  contrary,  that  the  Imperial 
Government  accept,  as  of  course,  the  rule  that  the  lives  of  noncombatants,  whether  they  be  of 
neutral  citizenship  or  citizens  of  one  of  the  nations  at  war,  can  not  lawfidly  or  rightfully  be 
put  in  jeopardy  by  the  capture  or  destruction  of  an  unarmed  merchantman,  and  recognize 
also,  as  all  other  nations  do,  the  obhgation  to  take  the  usiuxl  precaution  of  visit  and  search 
to  ascertain  whether  a  suspected  mcrcliantman  is  in  fact  of  belligerent  nationality  or  is  in  fact 
carrying  contraband  of  war  under  a  neutral  flag. 

The  Government  of  the  United  States,  therefore,  desires  to  call  the  attention  of  the 
Imperial  German  Government  with  the  utmost  earnestness  to  the  fact  that  tlie  objection  to 
their  present  mcthoil  of  attack  against  the  trade  of  their  enemies  lies  in  the  practical  impos- 
sibility of  emploAang  submarines  in  the  destruction  of  commerce  without  disregarding 
those  rules  of  fairness,  reason,  justice,  and  humanity,  wliich  aU  modern  opinion  regards  as 
imperative.  It  is  practically  impossible  for  the  officers  of  a  submarine  to  visit  a  merchant- 
man at  sea  and  examine  her  papers  and  cargo.  It  is  practically  impossible  for  them  to  make 
a  prize  of  her;  and,  if  they  can  not  put  a  prize  crew  on  board  of  her,  they  can  not  sink  her  mthout 
leaving  her  crew  and  all  on  board  of  her  to  the  mercy  of  the  sea  in  her  small  boats.  These 
facts  it  is  understood  the  Imperial  German  Government  frankly  admit.  We  are  informed 
that  in  the  instances  of  which  ^ye  have  spoken  time  enougli  for  even  that  poor  measure  of  safety 
was  not  given,  and  in  at  least  two  of  the  cases  cited  not  so  much  as  a  warning  was  received.  Mani- 
festly submarines  can  not  be  used  against  merchantmen,  as  the  last  few  weeks  have  shown, 
without  an  inevitable  violation  of  many  sacred  principles  of  jiistice  and  humanity. 

^Vmerican  citizens  act  within  their  indisputable  rights  in  taking  their  slaps  and  in  travel- 
ing wherever  their  legitimate  business  calls  them  upon  the  high  seas,  and  exercise  those  rights 
in  what  should  be  the  well-justified  confidence  that  their  lives  will  not  be  endangered  by  acts 
done  in  clear  violation  of  universally  acknowledged  international  obligations,  and  certainly 
in  the  confidence  that  their  own  Government  will  sustain  them  in  the  exercise  of  their  rights. 

There  was  recently  published  in  the  newspapers  of  the  United  States,  I  regret  to  inform 
the  Imperial  Gennan  Government,  a  formal  warning,  purporting  to  come  from  the  Imperial 
German  Embassy  at  Wasliington,  addressed  to  the  people  of  the  United  States,  and  stating, 
in  effect,  that  any  citizen  of  the  United  States  who  exercised  liis  right  of  free  travel  upon 
the  seas  would  do  so  at  liis  peril  if  his  jom-ney  should  take  him  wntliin  the  zone  of  waters 
witlun  which  the  Imperial  German  Navy  was  using  submarines  against  the  commerce  of  Great 
Britain  and  France,  notwdthstanding  the  respectfid  but  very  earnest  protest  of  his  Govern- 
ment, the  Government  of  the  United  States.  I  do  not  refer  to  this  for  the  purpose  of  calling 
the  attention  of  the  Imperial  German  Government  at  this  time  to  the  surprising  irregularity 
of  a  communication  from  the  Imperial  German  Embassy  at  Wasliington  addressed  to  the 
people  of  the  United  States  through  the  newspapers,  but  oidy  for  the  purpose  of  pointing  out 
that  no  warning  that  an  unlawful  and  inhumane  act  will  be  committed  can  possibly  be  accepted 
as  an  excuse  or  paUiation  for  that  act  or  as  an  abatement  of  the  responsibihty  for  its  commission. 

Long  acquainted  as  this  Government  has  been  with,  the  character  of  the  Imperial  Ger- 
man Government  and  with  the  high  principles  of  equity  b}'^  which  they  have  in  the  past  been 
actuated  and  guided,  the  Government  of  the  United  States  can  not  believe  that  the  com- 
manders of  the  vessels  wliich  committed  these  acts  of  lawlessness  did  so  except  under  a 


BESTRAIXTS   ON   COMMERCE.  77 

misapprehension  of  the  orders  issued  by  the  Imperial  German  naval  authorities.  It  takes 
it  for  granted  that,  at  least  within  the  practical  possibilities  of  everj^  such  case,  the  com- 
manders even  of  submarines  were  expected  to  do  nothing  that  would  involve  the  lives  of 
noncombatants  or  the  safety  of  neutral  ships,  even  at  the  cost  of  failing  of  their  object  of 
capture  or  destruction.  It  confidently  expects,  therefore,  that  the  Imperial  German  Govern- 
ment will  disavow  the  acts  of  which  the  Government  of  the  United  States  complains,  that 
they  will  make  reparation  so  far  as  reparation  is  possible  for  injuries  wliich  are  without 
measure,  and  that  they  will  take  immediate  steps  to  prevent  the  recurrence  of  anytliing  so 
obviously  subversive  of  the  principles  of  warfare  for  which  the  Imperial  German  Govern- 
ment have  in  the  past  so  wisely  and  so  finnly  contended. 

The  Government  and  the  people  of  the  United  States  look  to  the  Imperial  German  Govern- 
ment for  just,  prompt,  and  enlightened  action  in  this  ^-ital  matter  with  the  greater  confidence 
because  the  United  States  and  Germany  are  bound  together  not  only  }>y  special  ties  of  friend- 
ship but  also  by  the  explicit  stipulations  of  the  treaty  of  1828  between  the  United  States  and 
the  Kingdom  of  Prussia. 

Expressions  of  regret  and  offers  of  reparation  in  case  of  the  destruction  of  neutral  ships 
sunk  by  mistake,  while  they  may  satisfy  international  obligations,  if  no  loss  of  life  results, 
can  not  justify  or  excuse  a  practice,  the  natural  and  necessary  effect  of  which  is  to  subject 
neutral  nations  and  neutral  persons  to  new  and  immeasurable  risks. 

The  Imperial  German  Government  will  not  expect  the  Government  of  the  United  States 
to  omit  any  word  or  any  act  necessary  to  the  perfonnance  of  its  sacred  duty  of  maintain- 
ing the  rights  of  the  United  States  and  its  citizens  and  of  safeguarding  their  free  exercise  and 
enjoyment. 

Brtax. 
97666°— 1.5 11 


PART  IV. 


FOODSTUFFS  CARGO  OF  AMERICAN  SHIP  UlLHELMINA  IN 
BRITISH  PRIZE  COURT. 


79 


CASE  OF  THE  WILHELMINA. 

File  No.  300.115/2357. 

The  Secretary  of  State  to  Ambassador  W.  II.  Page. 

[Telegram.] 
No.  1134.]  Department  of  State, 

^^'asllington,  February  15,  1915. 

The  dopartmont  notps  that  you  havp  beon  informed  by  the  British  Govornmcnt  that 
the  cargo  of  the  American  steamer  Wilhelmina  ha.s  been  sent  to  prize  court,  but  is  not  yet 
unloaded.  The  Government  of  the  United  States,  of  course,  has  no  intention  of  interfering 
with  the  proper  coui-se  of  judicial  procechire  in  the  British  prize  <'0urts,  but  deems  it  proper 
to  bring  to  the  attention  of  the  British  Government  information  which  has  been  received  in 
relation  to  the  character  and  destination  of  the  cargo  and  to  point  out  certain  considerations 
prompting  the  supposition  that  the  seizure  may  not  be  justified. 

This  Government  is  informed  that  the  W.  L.  Green  Commission  Company,  an  American 
corporation  organized  in  1891,  which  in  the  past  has  made  extensive  shipments  of  goods  to 
German}-,  is  tlio  sole  owner  of  the  cargo  which  ccmsists  entirely  of  foodstuffs  consigned  to 
the  W.  L.  Green  Commission  Company,  Hamburg,  and  that  the  Company's  manager,  now  in 
Europe,  has  instructions  to  sell  the  cargo  solely  to  the  civihan  population  of  Hamburg.  A 
copy  of  the  ship's  manifest  has  been  submitted  to  this  Government,  accompanied  l)y  a  sworn 
statement  from  the  Company's  manager  in  which  he  represents  that  he  was  instructed  to 
proceed  to  Germany  to  dispose  of  the  cargo  to  private  purchasers  in  that  country,  and  not 
to  any  boUigcrciit  government  nor  armed  forces  of  such  government,  nor  to  any  agent  of  a 
beUigereut  government  or  of  its  armed  forceps. 

According  to  well-established  practice  among  nations,  admitted,  as  this  Government 
imderstnnds  by  the  Government  of  Great  Britain,  the  articles  of  which  the  Wilhelmina's 
cargo  is  said  to  consist,  are  subject  to  seizure  as  contraband  only  in  case  they  are  destmed  for 
the  use  of  a  belUgerent  government  or  its  arnaed  forces.  The  Government  of  the  United 
States  understands  that  the  British  authorities  consider  the  seizure  of  the  cargo  justified  on 
the  ground  that  a  recent  order  of  the  Federal  Coimcil  of  Germany,  promulgated  after  the 
vessel  sailed,  required  the  deUvery  of  imported  articles  to  the  German  Government.  The 
o\vnei's  of  the  cargo  have  represeiited  to  this  Government  that  such  a  position  is  untenable. 
They  point  t)ut  that,  Ijy  a  provision  of  the  order  in  question  as  originally  annoimced,  the 
regidations  hi  relation  to  the  seizure  of  food  products  are  made  inapphcable  to  such  products 
imported  after  January  thirty-one,  nineteen  fifteen.  Tliey  further  represent  that  the  oidy 
articles  siiipped  on  the  WUhehnina  which  are  embraced  within  the  terms  of  these  regulations 
are  wheat  and  bran,  which  constitute  about  fifteen  per  centum  of  the  cargo  as  compared  ^vith 
eighty-five  per  centum  consistmg  of  meats,  vegetables,  and  fruits.  The  owners  also  assert  that 
the  regulations  contemplate  the  di.sposition  of  foodstufl's  to  individuals  thiough  municipalities; 
that  municipalities  are  not  agents  of  the  Government,  and  that  the  purpose  of  the  regulations 
is  to  conserve  the  supply  of  food  products  and  to  prevent  speculation  and  inflation  of  prices 
to  noncombatants. 

The  German  Govenmient  has  addressed  a  formal  communication  to  the  Government  of 
the  United  States  in  relation  to  the  effect  of  the  decree  issued  by  the  German  Federal  Council, 
and  this  Govermnent  deems  it  pertinent  to  call  to  the  attention  of  the  British  Government 
a  material  portion  of  this  communication,  which  is  as  follows: 

"1.  The  Federal  Council's  decision  concerning  the  seizure  of  food  products,  which 
England  alleges  to  be  the  cause  of  food  products  shipped  to  Germany  being  treated  as  con- 
traband, bears  exclusively  on  wheat,  rye,  both  unmixed  and  mixed  with  other  products, 
and  also  wheat,  rye,  oats,  and  barley  flour. 

"2.  The  Federal  Council  makes  an  express  exception  in  section  forty-five  of  the  order. 
Section  forty-five  provides  as  follows:  The  stipulations  of  this  regulation  do  not  apply  to 
grain  or  flour  imported  from  abroad  after  January  thirty-one. 

"3.  Conjunctively  with  that  saving  clause  the  Federal  Council's  order  contains  a  pro- 
vision under  which  imported  cereals  and  flours  would  be  sold  exclusively  to  the  municipalities 
or  certain  specially  designated  organizations  by  the  unporters.  Although  that  provision  had 
for  its  object  simply  to  throw  imported  grain  and  flours  hito  such  channels  as  supply  the 
private  consumption  of  civilians  and,  in  cousecjuence  of  that  provision,  the  intent  and  purpose 

81 


82  CASE   OF    THE   WILHELMINA. 

of  the  Federal  Council's  order  which  was  to  protect  the  civilian  population  from  speculators 
and  engrossers  were  fully  met,  it  was  nevertheless  rescinded  so  as  to  leave  no  room  for  doubt. 

"4.  My  Government  is  amenable  to  any  proposition  looking  to  control  bj^  a  special 
American  organization  vmder  the  supervision  of  tlie  American  Consular  officers  and,  if  necessary, 
will  itself  make  a  proposition  in  that  direction. 

"5.  The  German  Government  further  calls  attention  to  the  fact  that  municipalities  do 
not  form  part  of  or  belong  to  the  Government  but  are  self  administrative  bodies,  which  are 
elected  by  the  inhabitants  of  the  Cominune  in  accordance  with  fixed  rules  and  therfore  exclusively 
represent  the  private  part  of  the  population  and  act  as  it  dkects.  Although  those  principles  are 
generally  known  and  obtain  in  the  United  States  as  well  as  in  England  itself,  the  German  Govern- 
ment desired  to  point  out  the  fact  so  as  to  avoid  any  further  unnecessary  delay. 

"6.  Hence  it  is  absolutely  assured  that  imported  food  products  wiU  be  consumed  by  the 
civilian  population  in  Germany  exclusively." 

It  will  be  observed  that  it  is  stated  in  this  communication,  which  appeai-s  to  confirm  the 
contentions  of  the  cargo  owners,  that  a  part  of  the  order  of  the  German  Federal  Council  relating 
to  imported  food  products  has  now  been  rescinded. 

This  Government  has  received  another  communication  from  the  German  Government 
giving  formal  assurance  to  the  Government  of  the  United  States  that  all  goods  imported  into 
Gennany  from  the  United  States  directly  or  indirectly,  which  belong  to  the  class  of  relative 
contraband,  such  as  foodstuffs,  will  not  be  used  by  the  German  army  or  navy  or  by  Government 
authorities,  but  will  be  left  to  the  free  consumption  of  the  German  civilian  population,  excluding 
all  Government  purveyors. 

If  the  British  authorities  have  not  in  theii-  possession  evidence,  other  than  that  presented 
to  this  Government  as  to  the  character  and  destination  of  the  cargo  of  the  Wilhelmina,  sufficient 
to  warrant  the  seizure  of  this  cargo,  the  Government  of  the  United  States  hopes  tliat  tlic  British 
Government  will  release  the  vessel  together  with  her  cargo  and  allow  her  to  proceed  to  her  port 
of  destination. 

Please  communicate  with  the  British  Govornnient  in  the  sense  of  the  foregoing. 

Bryan. 


FileNo.  341.115G.82/9. 

Amla^ador  W.  H.  Page  to  the  Secretary  of  State. 

[Telegiam.] 
No.  1672.]  A.MERicAx  Embassy, 

London,  Ffhntanj  19,  1915. 

Sir  Edward  Grey  has  just  handed  me  the  following  memorandum.  Since  your  telegram 
to  liim  was  given  to  the  press  in  Washington  I  consented  to  his  proposal  to  give  this  memo- 
randum out  for  publication  in  Saturday  morning's  newspapers: 

MEMORANDUM. 

The  comnmnication  made  by  the  Unite<l  States  .\inl)a.ssad(ir  in  his  note  to  .Sir  Edward  (iri'v  of  the  sixteenth 
instant  has  been  carefully  considered  and  the  following  observations  are  offeied  in  reply: — 

2.  At  the  time  when  His  Majesty's  Government  gave  directions  for  the  seizure  of  the  cargo  of  the  steamship 
Wilhelmina  as  contranand  they  had  before  them  the  text  of  the  decree  made  by  the  German  Federal  Council  on  the 
twenty-fifth  January,  under  Article  forty-five  of  which  all  grain  and  flour  imported  into  Germany  after  the  thirty- 
first  Januarj'  was  declared  deliverable  only  to  ceitain  orgaiuzalions  under  direct  government  control  or  to  municipal 
authoritiea.  The  vessel  was  bound  for  Hamburg,  one  of  the  free  cities  of  the  Geiman  Empire,  the  government  of 
which  is  vest«d  in  the  municipality.  This  was  one  of  the  rea.sona  actuating  His  Majesty's  Government  in  deciding  to 
bring  the  cargo  of  the  Wilhelmina  before  the  prize  court. 

3.  Information  Ims  only  now  reached  them  that  by  a  subsequent  decree,  dated  the  sixth  February,  the  above  pro- 
vision in  Article  forty-five  of  the  prcA-ious  decree  was  repealed,  it  would  appear  for  the  express  purpose  of  rendering 
difficult  the  anticipated  jjroceedings  against  the  Wilhelmina.  The  repeal  was  not  known  to  His  Majesty's  Government 
at  the  time  of  detention  of  the  cargo,  or  indeed,  until  now. 

4.  How  far  the  ostensible  exception  of  imjxffted  supplies  from  the  general  Government  monopoly  of  all  grain  and 
flour  set  up  by  the  German  Government  may  affect  the  question  of  the  contraband  nature  of  the  shipment  seized  is  a 
matter  which  will  most  suitably  be  investigated  by  the  prize  court. 

5.  It  is,  however,  necessary  to  state  that  the  German  decree  is  not  the  only  ground  on  which  the  submission  of  the 
cargo  of  the  Wilhelmina  to  a  prize  court  is  justified.  The  German  Government  have  in  public  announcements  claimed 
to  treat  practically  every  town  or  port  on  the  English  east  coast  as  a  fortified  place  and  base  of  operations.  On  the 
strength  of  this  contention  they  have  subjected  to  bombardment  the  open  towns  of  Yarmouth,  Scarborough,  and  Whitby, 
among  others.  On  the  same  ground,  a  number  of  neutral  vessels  sailing  for  English  ports  on  the  east  coast  with  cargoes 
of  goods  on  the  German  list  of  conditional  contraband  have  been  seized  by  German  cruisers  and  biought  before  the 
German  prize  court.  Again,  the  Dutch  ve.ssel  Maria,  having  sailed  from  California  with  a  cargo  of  grain  consigned  to 
Dublin  and  Belfast,  was  sunk  in  September  last  by  the  German  cruiser  Karlsruhe.  This  could  only  have  been  justified 
if,  among  other  things,  the  cargo  could  have  been  proved  to  be  destined  for  the  British  Government  or  armed  forces 


CASE    OF    THE    WILHEI.MIXA.  83 

and  if  a  presumption  to  this  effect  ha<l  been  establLshed  owing  to  Dublin  or  Belfast  being  considered  a  fortified  place 
or  a  base  for  tlie  armed  forces. 

G.  The  German  Government  can  not  have  it  both  vraye.  If  they  consider  themselves  justified  in  destroying  by 
bombardment  the  lives  and  property  of  peaceful  civil  inliabitants  of  English  open  towns  and  watering  places,  and  in 
seizing  and  sinking  sliips  and  cargoes  of  conditional  contraband  on  the  way  thither,  on  the  ground  that  they  were  con- 
signed to  a  fortified  ])lace  or  base,  "a  fortiori"  His  Majesty's  Government  must  be  at  liberty  to  treat  Hambure,  which  is 
in  part  protected  by  the  fortifications  at  the  mouth  of  the  Elbe,  as  a  fortified  town,  and  a  base  of  operations  and  supply 
for  the  purposes  of  Article  tliirty-four  of  the  Declaration  of  London.  If  the  owners  of  the  cargo  of  the  WUhelmina  desire 
to  question  the  validity  ir  international  law  of  the  action  taken  by  order  of  His  ifajesty's  Government  they  will  have 
every  opportunity  of  establishing  their  case  in  due  course  before  the  prize  court,  and  His  ilajeety's  Government  would, 
in  this  connection,  recall  the  attention  of  the  United  States  Government  to  the  considerations  put  forward  in  Sir 
Edward  Grey's  note  to  Mr.  Page  of  the  tenth  instant  as  to  the  propriety  of  awaiting  the  result  of  prize  court  proceed- 
ings before  diplomatic  action  is  initiated.  It  will  be  remembered  that  they  have  from  the  outset  given  a  definite 
as.siutince  that  the  owners  of  the  WUhelmina,  as  well  as  the  owners  of  her  cargo,  if  found  to  be  contraband  wotild  be 
equitably  indemnified. 

7.  There  is  one  further  observation  to  which  His  Majesty's  Government  think  it  right,  and  appropriate  in  the 
present  connection,  to  give  expression.  They  have  not,  so  far,  declared  foodstuffs  to  be  absolute  contraband.  They 
have  not  interfered  with  any  neutral  vessels  on  account  of  their  carrj'ing  foodstuffs,  except  on  the  basis  of  such  food- 
stuffs being  liable  to  capture  if  destined  for  the  enemy  forces  or  governments.  In  so  acting  they  have  been  guided 
by  the  general  principle,  of  late  universally  upheld  by  ci\'ilized  nations,  and  observed  in  practice,  that  the  civil 
populations  of  countries  at  war  are  not  to  be -exposed  to  the  treatment  rightly  reserved  for  combatants.  This  distinc- 
tion has  to  all  intents  and  purposes  been  swept  away  by  the  novel  doctrines  proclaimed  and  acted  upon  by  the  German 
Government. 

S.  It  is  unnecessarj-  here  to  dwell  upon  the  treatment  that  has  been  meted  out  to  the  ci\-il  population  of  Belgium, 
and  those  parts  of  France  which  are  in  German  occupation.  MTien  Germany,  long  before  any  mines  had  been  laid 
by  British  authorities,  proceeded  to  sow  mines  upon  the  high  seas,  and,  by  tliis  means,  sunk  a  considerable  number 
not  only  of  British  but  also  of  neutral  merchantmen  with  their  unoffending  crews,  it  was,  so  His  Majesty's  Govern- 
ment held,  open  to  them  to  take  retaliatory  measures,  even  if  such  measures  were  of  a  kind  to  involve  pressure  of  the 
ci^^I  population — not  indeed  of  neutral  states — but  of  their  enemies.     They  refrained  from  doing  so. 

9.  \\'hen,  sub.sequently,  English  towns  and  defenseless  British  subjects,  including  women  and  children,  were 
deliberately  and  systematically  fired  upon  and  killed  by  ships  flying  the  flag  of  the  Imperial  German  Navy,  when 
quiet  country  towns  and  villages,  void  of  defenses,  and  possessing  no  military  or  naval  importance,  were  bombarded 
by  German  airships.  His  Majesty's  Government  still  abstained  from  drawing  the  logical  consequences  from  this  form 
of  attack  on  defenseless  citizens.  Further  steps  in  the  same  direction  are  now  announced,  and  in  fact  have  already 
been  taken,  by  Germany.  British  merchant  vessels  have  been  torpedoed  at  sight  without  any  attempt  being  made 
to  give  warning  to  the  crew,  or  any  opportunity  being  given  to  save  their  lives,  a  torpedo  has  been  fired  against  a  British 
Iiospital  ship  in  daylight,  and  similar  treatment  is  threatened  to  all  British  merchant  vessels  in  future  as  well  as  to 
any  neutral  ships  that  may  happen  to  be  found  in  the  neighborhood  of  the  British  Isles. 

10.  Faced  with  this  situation.  His  Majesty's  Government  consider  it  woidd  be  altogether  unreasonable  that  Great 
Britain  and  her  allies  should  be  expected  to  remain  indefinitely  bound,  to  their  grave  detriment,  by  rules  and  prin- 
ciples of  which  they  recognize  the  justice  if  impartially  obser\-ed  as  between  belligerents,  but  which  are  at  the  present 
moment  openly  set  at  deliance  l)y  their  enemy. 

11.  If,  therefore,  His  Majesty's  Government  should  hereafter  feel  constrained  to  declare  foodstuffs  absolute  con- 
traband, or  to  take  other  measures  for  interfering  with  German  trade,  by  way  of  reprisals,  they  confidently  expect 
that  such  action  will  not  be  challenged  on  the  part  of  neutral  states  by  appeals  to  laws  and  usages  of  war  whose  validity 
rests  on  their  forming  an  integral  part  of  that  system  of  international  doctrine  which  as  a  whole  their  enemy  frankly 
boasts  the  liberty  and  intention  to  disregard,  so  long  as  such  neutral  states  can  not  compel  the  German  Government 
to  abandon  methods  of  warfare  which  have  not  in  recent  history  been  regarded  as  ha\'ing  the  sanction  of  either  law 
or  humanity. 

Page. 


File  No.  341.115G82/37 

Ainhassador  W.  II.  Page  to  the  Secretary  of  State. 

[Telegram.] 

No.  1903.]  American  Embassy, 

London.  April  8,  1915. 

The  Prime  Minister  has  just   handed  me  the  followinir,  wliich  I  have  communicated  to 
Hayes  and  Brooking,  who  strongly  recommend  its  acceptance  by  their  principals: 

His  Majesty's  Government  share  the  desire  of  the  United  States  Goverimient  for  an  immediate  settlement  of  the 
case  of  the  WUhelmina.  This  .American  ship  laden  with  foodstuffs  left  New  York  for  Hamburg  on  Januarj'  22nd.  She 
called  at  Falmouth  of  her  own  accord  on  February  9th  and  her  cargo  was  detained  as  prize  on  February  11th.  The 
writ  instituting  prize  court  proceedings  was  issued  on  February  27th,  and  claimed  that  the  cargo  should  be  con- 
demned as  contraband  of  war.  No  proceedings  were  taken  or  even  threatened  against  the  ship  herself,  and  in  the 
ordinary  course  the  cargo  would  have  been  unloaded  when  seized  so  that  the  ship  would  be  free  to  leave.  The  owners 
of  the  cargo,  however,  have  throughout  objected  to  the  discharge  of  the  cargo  and  it  is  because  of  this  objection 
that  the  ship  is  still  at  Falmouth  with  the  cargo  on  board. 

His  Majesty's  Government  have  formally  undertaken  that  even  should  the  condemnation  of  the  cargo  as  contraband 
be  secured  in  the  prize  court  they  would  none  the  less  compensate  the  owners  for  any  loss  sustained  in  coiLsequence  of 
the  ship  having  been  stoi)ped  and  proceedings  taken  against  the  caigo. 

It  was  understood  at  the  time  that  the  proceedings  in  the  prize  court  would  be  in  the  nature  of  a  test  case,  the 
decision  in  which  would  govern  the  treatment  of  any  subsequent  shipments  of  food  supplies  to  Germany  in  similar 


84  <-'ASE    OF   THE    WILHELMINA. 

circumstances.  Since  then  the  situation  has,  however,  materially  changed  by  the  issue  of  (lie  Order  in  Council  of 
March  11, 1915,  and  the  measures  taken  thereunder  which  prevent  further  supplies  being  sent  from  America  to  Germany, 
whether  contraband  or  not. 

In  these  circumstances  there  is  no  longer  any  object  in  continuing  the  judicial  proceedings  in  the  case  of  the 
WilMmina;  for  it  can  no  longer  serve  as  a  test  case,  and  it  is  really  agreed  that  the  owners  of  the  cargo,  even  if  proved 
to  have  no  claim,  are  to  be  treated  as  if  their  claim  was  good.  Nothing  therefore  remains  Init  to  settle  the  claim  on 
proper  and  just  conditions,  and  this  would,  in  the  opinion  of  His  Majesty's  Government,  be  secured  most  expeditiously 
and  with  the  least  inconvenience  to  all  parties  by  an  agreement  between  tlie  Crown  and  the  claimants  for  the  dis- 
posal of  the  whole  matter.  His  Majesty's  Government  accordingly  propose  that  such  an  agreement  be  arrived  at  on 
the  following  terms:  ''His  Majesty's  Government  Inning  undertaken  to  compensate  the  claimants  by  paying  for 
the  cargo  seized  on  the  basis  of  the  loss  of  the  profit  the  claimants  would  have  ma<le  if  the  ship  had  jiroceeded  in  due 
course  to  Harabiu'g,  and  by  indemnifying  them  for  the  delay  caused  to  the  ship  so  far  as  this  delay  has  been  due  to 
the  action  of  tlie  British  authorities,  all  proceedings  in  the  prize  court  shall  be  stayed,  on  the  understanding  that  His 
Majesty's  Government  buy  the  cargo  from  the  claimants  on  the  above  terms.  The  cargo  shall  be  discharged  and 
delivered  to  the  proper  officer  of  the  Crown  forthwith.  The  sum  to  be  paid  shall  be  assessed  by  a  single  referee  nomi- 
nated jointly  by  the  ambassador  of  the  United  States  of  America  and  His  Majesty's  principal  secretary  of  state  for 
foreign  affairs,  who  shall  certify  the  total  amount  after  making  such  inquiries  as  he  may  think  fit,  but  without  formal 
hearing  or  arbitration."  His  Majesty's  Government  would  be  grateful  if  the  United  States  anibas.sador  wouhl  inform 
the  claimants  of  the  above  proposal  at  his  early  convenience  and  obtain  their  acceptance. 

Page. 


PART  V. 


DESTRUCTION  OF  AMERICAN  MERCHANTMAN  WILLIAM  P.  FRYE 
BY  GERMAN  SHIP  PRINZ  EITEL  FRIEDRICH. 


97660°— 15 12  85 


CASE  OF  THE  WILLIAM  P.  FRYE. 

File  No.  462.1lSe8/16. 

The  Secretary  of  State  to  Ambassador  Gerard. 

[Telegram.] 

No.  1446.]  Department  of  State, 

Washington,  March  31,  1915. 
You  are  instructed  to  present  the  following  note  to  the  German  Foreign  Office: 

Under  instructions  from  my  Govornment  I  have  the  honor  to  present  a  claim  for  $228,059. .54,  with  interest  from 
January  28,  1915,  agaiiLst  the  German  Government  on  behalf  of  the  o^vners  and  captain  of  the  American  sailing  vessel 
William  P.  Frye  for  damages  suffered  by  them  on  account  of  the  destruction  of  that  vessel  on  the  high  seas  by  the 
German  armed  cruiser  Prinz  Eitel  Friedrkh,  on  January  28,  1915. 

The  facts  upon  which  this  claim  arises  and  by  reason  of  which  the  German  Government  is  held  responsible  by  the 
Government  of  the  United  States  for  the  attendant  loss  and  damages  are  briefly  as  follows: 

The  William  P.  Fnje,  a  steel  sailing  vessel  of  3,374  tons  gross  tonnage,  owned  by  American  citizens  and  sailing 
under  the  United  States  flag  and  register,  cleared  from  Seattle,  Wash.,  November  4,  1914,  under  charter  to  M.  II. 
llouser,  of  Portland,  Oreg.,  bound  for  Queenstown,  Falmouth,  or  Plymouth  for  orders,  with  a  cargo  consisting  solely 
of  180,950  bushels  of  wheat  owned  by  the  aforesaid  Houser  and  consigned  "unto  order  or  to  its  assigns, "  all  of  which 
appears  from  the  ship's  papers  which  were  taken  from  the  vessel  at  the  time  of  her  destruction  by  the  commander 
of  the  German  cruiser. 

On  January  27,  1915,  the  Prinz  Eitel  Friedrich  encountered  the  Frye  on  the  high  seas,  compelled  her  to  stop,  and 
sent  on  board  an  armed  boarding  party,  who  took  possession.  After  an  examination  of  the  ship's  papers  the  com- 
mander of  the  cruiser  directed  that  the  cargo  be  thrown  overboard,  but  subsequently  decided  to  destroy  the  vessel, 
and  on  the  following  morning,  by  his  order,  the  Frye  was  sunk. 

The  claim  of  the  owners  and  captain  consists  of  the  following  items: 

Value  of  ship,  equipment,  and  outfit $1-50, 000.  00 

Actual  freight  as  per  freight  list,  5034  1000/2240  tons  at  32-6— £8180-19-6  at  $4.80 39, 759.  54 

Traveling  and  other  expenses  of  Capt,  Kiehne  and  Arthur  Sewall  &  Co.,  agents  of  ship,  in 

connection  with  making  affidavits,  preparing  and  filing  claim 500.  00 

Personal  effects  of  (apt.  II.  11.  Kiehne 300.00 

Damages  covering  loss  due  to  deprivation  of  use  of  ship 37,  .500. 00 

Total 228, 059.  54 

By  direction  of  my  Government,  I  have  the  honor  to  request  that  full  reparation  be  made  by  the  German  Gov- 
ernment for  the  destruction  of  the  William  P.  Frye  by  the  German  cruiser  Prinz  Eitel  Friedrich. 

Brtak. 


FUe  No.  462.1lSe8/16. 

Ambassador  Gerard  to  the  Secretary  of  State. 

No.  1984.]  American  Embassy, 

Berlin,  April  5,  1915. 
The  following  is  translation  of  the  reply  of  the  Foreign  Office  to  my  note  of  April  3 : 

German  Foreign  Office, 

Berlin,  April  5,  1915. 

The  undersigned  has  the  lienor  to  make  reply  to  the  note  of  his  Excellency,  Mr.  James  W.  Gerard,  Ambassador, 
the  United  States  America,  dated  the  3d  instant,  foreign  office  No.  2892,  relative  to  claims  for  damages  for  the  sinking 
of  the  American  merchant  vessel  William  P.  Frye  by  the  German  auxiliary  cruiser  Prinz  Eitrl  Friedrich. 

According  to  the  reports  which  have  I'eachcd  the  German  Government  the  commander  of  the  Prim  Eitel  Friedrich 
stopped  the  William  P.  Frye  on  the  high  seas  January  27,  1915.  and  searched  her.  He  found  on  board  a  cargo  of  wheat 
consigned  to  Queenstown,  Falmouth,  or  Plymouth  to  order.  After  he  had  first  tried  to  remove  the  cargo  from  the 
William  P.  Frye  he  took  the  ship's  papers  and  her  crew  on  board  and  sank  ship. 

It  results  from  these  facts  that  the  German  commander  acted  quite  in  accordance  with  the  principles  of  inter- 
national law  as  laid  down  in  the  Declaration  of  London  and  the  German  prize  ordinance.  The  ports  of  Queenstown, 
Falmouth,  and  Plymouth,  whither  the  ship  visited  was  bound,  are  strongly  fortified  English  coast  places,  which,  more- 
over, serve  as  bases  for  the  British  naval  forces.  The  cargo  of  wheat  being  food  or  foodstuffs,  was  conditional  contra- 
band within  the  meaning  of  article  24,  No.  1,  of  the  Declaration  of  London,  and  article  23,  No,  1,  of  the  German  prize 
ordinance,  and  was  therefore  to  bo  considered  as  destined  for  the  armed  forces  of  the  enemy,  pursuant  to  articles  33  and 
34  of  the  Declaration  of  London  and  articles  32  and  33  of  the  German  prize  ordinance,  and  to  be  treated  as  contraband 
pending  proof  of  the  contrary.  This  proof  was  certainly  not  capable  of  being  adduced  at  the  time  of  the  visiting  of 
the  vessel  since  the  cargo  papers  read  to  order.  This,  however,  furnished  the  conditions  under  which,  piuvuant  to 
article  49  of  the  Declaration  of  I^ondon  and  article  113  of  the  German  prize  ordinance  the  sinking  of  the  ship  was  per- 
missible, since  it  was  not  possible  for  the  auxiliary  cruiser  to  take  the  prize  into  a  German  port  without  involving 
danger  to  its  own  security  or  the  success  of  its  operations.  The  duties  devohing  upon  the  cruiser  before  destruction  of 
the  ship,  piu^uant  to  article  50  of  the  Declaration  of  London  and  article  116  of  the  German  prize  ordinance,  were  fulfillixl 
by  the  cruiser  in  that  it  took  on  board  all  the  persons  found  on  the  sailing  vessel,  as  well  as  the  ship's  papers. 

The  legality  of  the  measures  taken  by  the  German  commander  is  furthermore  subject  to  examination  by  the 
German  prize  court  pursuant  to  article  51  of  the  Declaration  of  London  and  section  1.  No.  2,  of  the  German  Code  of 
Prize  Procedure.     These  prize  proceedings  will  be  instituted  before  the  prize  court  at  Hamburg  as  soon  as  the  ship's 

87 


88  CASE   OF   THE   WILLIAM   P.   FRYE. 

papers  are  received  and  will  romprise  the  settlement  of  queetions  whether  the  destruction  of  the  cargo  and  the  ship 
was  necessary  within  the  mcaninc;  of  article  49  of  the  Declaration  of  London;  whetlier  the  property  sunk  was  liable 
to  capture;  and  whether,  or  to  what  extent,  indemnity  Is  to  be  awarded  the  owners,  In  the  trial  the  owners  of  ship 
and  cargo  would  be  at  liberty,  pursuant  to  article  34,  paragraph  3,  of  the  Declaration  of  London,  to  adduce  proof  that 
the  cargo  of  wlieat  had  an  innoconf  destination  and  did  not,  therefore,  have  the  character  of  contraband.  If  such  proof 
is  not  adduce<l,  the  German  Government  would  not  be  liable  for  any  compensation  whatever,  according  to  the  general 
principles  of  international  law. 

However,  the  legal  situation  is  somewhat  different  in  the  light  of  the  special  stipulations  applicable  to  the  rela- 
tions between  Germany  and  the  United  States  since  article  13  of  the  Prussian-American  treaty  of  friendship  and 
commerce  of  July  11,  1799,  taken  in  connection  with  article  12  of  Prussian-American  treaty  of  commerce  and  naviga- 
tion of  May  1,  182S.  provides  that  contraband  belonging  to  the  subjects  or  citizens  of  either  party  can  not  be  confiscated 
by  the  other  in  any  caise  but  only  detained  or  used  in  conBideration  of  payment  of  the  full  value  of  the  same.  On 
the  ground  of  this  treaty  stipulation  which  is  as  a  matter  of  course  binding  on  the  German  prize  court  the  American 
owners  of  the  ship  and  cargo  would  receive  compensation  even  if  the  court  should  declare  the  cai-go  of  wheat  to  be  contra- 
band. Nevertheless  the  approaching  prize  proceedings  are  not  rendered  superfluous  since  the  competent  prize  court 
must  examine  into  the  legality  of  the  ca])tiu'e  and  destruction  and  also  pronounce  upon  the  standing  of  the  claimants 
and  the  amount  of  indemnity. 

The  undersigned  begs  to  suggest  that  the  ambassador  bring  the  above  to  the  knowledge  of  his  Government  and 
avails  himself,  etc. 

(Signed)  .Iac.ow. 

April  4,  1915. 

Gerard. 


File  No.  462.11Se8/l«. 

Tlie  Secretari/  of  State  to  Amhassador  Gerard. 

No.  1583.]  Department  of  State, 

WasMnffton,  April  2S,  1915. 
You  are  instructed  to  present  the  following  note  to  the  German  Foreign  Office: 

In  reply  to  Your  Excellency's  note  of  the  5th  instant,  which  the  Government  of  the  United  States  understands 
admits  the  liability  of  the  Imperial  German  Government  for  the  damages  resulting  from  the  sinking  of  the  American 
sailing  ^■essel  WiUinm  P.  Frijc  by  the  German  auxiliary  cruiser  Prinz  Eitcl  Friedrich  on  January  28  last.  I  have  the 
honor  to  say,  by  ilirection  of  my  Government,  that  while  the  promptness  with  which  the  Imperial  German  Government 
has  admitted  its  liability'  is  highly  ap]ireciated,  my  Government  feels  that  it  would  be  inappropriate  in  the  circum- 
stances of  this  case,  and  would  involve  unnecessary  delay  to  adopt  the  suggestion  in  yoiu-  note  that  the  legality  of  the 
capture  and  destruction,  the  standing  of  the  claimants,  and  the  amount  of  indemnity  should  be  submitted  to  a  prize 
court. 

Unquestionably  the  destruction  of  this  vessel  was  a  violation  of  the  obligations  imposed  upon  the  Imperial 
German  Government  under  existing  treaty  stipulations  between  the  LTnited  States  and  Prussia,  and  the  LTnitcd 
States  Government,  by  virtue  of  its  treaty  rights,  has  presented  to  the  Imperial  fierman  Government  a  claim  for 
indemnity  on  accoimt  of  the  resulting  damages  suffered  by  American  citizens.  The  liability  of  the  Imperial  German 
Government  and  the  standing  of  the  claimants  as  American  citizens  and  the  amoimt  of  indenmity  are  all  questions 
which  lend  themselves  to  diplomatic  negotiation  between  the  two  Governments,  and  happily  the  question  of  liability 
has  already  been  settled  in  that  way.  Tlie  status  of  the  claimants  and  the  amount  of  the  indemnity  are  the  only 
questions  remaining  to  be  settled,  and  it  is  appropriate  that  they  should  be  dealt  with  in  the  same  way. 

The  Government  of  the  United  States  fully  understands  that,  as  stated  in  your  excellency's  note,  the  German 
Government  is  liable  imder  the  treaty  provisions  above  mentioned  for  the  damages  arising  from  the  destruction  of 
the  cargo  as  well  as  from  the  destruction  of  the  vessel.  But  it  will  be  observed  that  the  claim  under  discussion  does 
not  include  damages  for  the  destruction  of  the  cargo,  and  the  question  of  the  value  of  the  cargo  therefore  is  not 
involved  in  the  present  discussion. 

The  Government  of  the  United  States  recognizes  that  the  German  Government  will  wi.-<h  to  be  satisfied  as  to  the 
American  ownership  of  the  vessel,  and  the  amount  of  the  damages  sustained  in  consequence  of  her  destruction. 

These  matters  are  readily  ascertainable,  and  if  the  German  Government  desires  any  further  evidence  in  substan- 
tiation of  the  claim  on  these  points  in  addition  to  that  furnished  by  the  ship's  papers,  which  are  already  in  the  posses- 
sion of  the  German  Government,  any  additional  evidence  found  necessary  %\ill  be  produced.  In  that  case,  however, 
inasmuch  as  any  evidence  which  the  German  Government  may  wish  to  have  produced  is  more  accessible  and  can 
more  conveniently  be  examined  in  the  United  States  than  elsewhere,  on  account  of  the  presence  there  of  the  ow'ners 
and  captain  of  the  William  P.  Frtje  and  their  documentary  records,  and  other  possible  witnesses,  the  Government  of 
the  United  States  ventures  to  suggest  the  advisability  of  transferring  the  negotiations  for  the  settlement  of  these  points 
to  the  imperial  German  embassy  at  AVashington. 

In  view  of  the  admission  of  liability  by  reason  of  specific  treaty  stipulations,  it  has  become  unnecessary  to  enter 
into  a  discussion  of  the  meaning  and  effect  of  the  Declaration  of  London,  which  is  given  some  prominence  in  Your 
Excellency's  note  of  April  5,  f  lu-ther  than  to  say  that,  as  the  German  Government  has  already  lieen  advised,  the  Govern- 
ment of  the  United  States  does  not  regard  the  Declaration  of  London  as  in  force. 


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